'of. 


LIBRARY 

OF   THK 

UNIVERSITY  OF  CALIFORNIA. 


GIF"T  OF 


Accession         85445  Class 


SCHOOL  LAWS 


OF   THE 


STATE  OF  MONTANA 


COMPRISING   ALL   THE    LAWS    IN   FORCE    PERTAINING   TO    PUBLIC 

SCHOOLS,   STATE   EDUCATIONAL  INSTITUTIONS,   SCHOOL 

LANDS   AND   PUBLIC   LANDS  APPROPRIATED  TO 

THE  USE  OF  THE  STATE  EDUCATIONAL 

INSTITUTIONS. 


CAUfO^ 
COMPILED    AT  THE    OFFICE   OF   THE 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

MAY  1,    1899. 


PUBLISHED  BY  AUTHORITY. 


Helena,    Hontana: 

INDEPENDENT   PUBLISHING    CO., 

State  Printers  and  Binders. 

1899. 


SCHOOL  LAWS 


OF   THE 


STATE  OF  MONTANA 


COMPRISING    ALL    THE    LAWS    IN    FORCE    PERTAINING    TO    PUBLIC 

SCHOOLS,    STATE    EDUCATIONAL  INSTITUTIONS,    SCHOOL 

LANDS    AND    PUBLIC    LANDS   APPROPRIATED  TO 

THE  USE  OF  THE  STATE  EDUCATIONAL 

INSTITUTIONS. 


UNIVERSITY  I 
^Sl£AUFO^^ 

COMPILED    AT   THE    OFFICE    OF   THE,t;; 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

MAY   1,    1899. 


PUBLISHED  BY  AUTHORITY. 


Helena,    flontana: 

INDEPENDENT    PUBLISHING    CO., 

State  Printers  and  Binders. 

1899. 


State  of  Montana, 
Department  of  Public  Instruction. 

This  Pamphlet  contains  the  School  Laws  of  the  State  in  force  to 
date. 

E.  A.  CARLETON, 
Superintendent  of  Public  Instruction. 
Helena,  Montana,  May,  1899. 


u 


THIS  VOLUME  IS  STATE  PROPERTY 

And  is  for  the  use  of  the  School  Officers  of School 

District  No ,  County  of ,  State 

of  Montana. 


School  officers  on  retiring  from  office,  are  required  by  law  to  deliver 
this  volume,  with  all  other  books  and  documents  of  an  official  character, 
to  their  successors  in  office.  The  Clerk  is  the  proper  custodian  of  this 
book. 


85445 


CONTENTS. 


PROVISIONS   OF   THE  ENABLING  ACT. 


Page 


Public  Schools  2 

Schools  Lands  * 2 

CONSTITUTIONAL  PROVISIONS. 

Article          V.— The  Legislative  Department  4 

Article       VII.— The    Executive    Department  4 

Article         IX.— Elective  Franchise   5 

Article          X.— State  Institutions 5 

Article        XI.— Education 5 

Article     XIII.— Public  Indebtedness  7 

Article    XVII.— Public  Lands 8 

STATUTORY  PROVISIONS. 
TITLE    III.— EDUCATION. 

Chapter           I.— State  Board  of  Education  9 

Chapter          II.— State  University  of  Montana .. 12 

Chapter         III.— School   of  Mines  of   Montana 16 

Chapter         IV.— Agricultural  College  of  Montana 20 

Chapter          V.— State  Normal  School  2-2 

Chapter        VI.— Public  Schools  24 

Chapter       VII.— Deaf  and  Dumb  Asylum 79 

Chapter     VIII.— Authorizing  State  Boar-]  of  Education  to  Select  Land  for  Edu- 
cational Institutions S6 

Chapter        IX.— Text-books  87 

Chapter          X.— University  Bond  Bill  91 

Chapter        XI.— School  of  Mines  Bond  Bill 94 

Chapter       XII.— Deaf  and  Dumb  Asylum  Bond  Bill  98 

Chapter     XIII.— Forms  1^8 

Article               I.— Superintendent  of  Public  Insthuction 24 

Article             II.— County  Super  intendent  of  Schools  28 

Article            III.— School  Districts  31 

Article            IV.— Election  of  School  Trustees   ?<5 

Article             V.— Board  of  Trustees  45 

Article           VI.— District  Clerks 53 

Article          VII.— Teachers  54 

Article        VIII.— Schools   56 

Article            IX.— Pupils  57 

Article             X.— Duties  of  County  Treasurer  58 

Article  XI.— Duties  of  County  Clerk,  Clerk  of  District  Court  and  Justices 

of  the  Peace E8 

Article          XII.— Teachers'  Institute  ^ 59 

Article        XIII.— Examinations   and   Certificates  60 

Article        XIV.— 'Compulsory  attendance 64 

Article          XV.—  City  Superintendent  of  Schools  66 

Article        XVI.— School  Fundte 66 

Article      XVII.— Bonds  71 

Article     XVIII.— Vacancies 75 

Article        XIX.— Tree  Planting 76 

Article          XX.— School  Libraries    77 

Article        XXI.— Miscellaneous  ..  78 


General   School   Law 


OF    THE 


STATE  OF  MONTANA 


PROVISIONS  OF  THE  ENABLING  ACT. 

Section  4.  *  *  *  And  said  (constitutional)  conventions  shall 
provide  by  ordinances  irrevocable  without  the  consent  of  the  United 
States  and  the  people  of  said  states  ********** 

Fourth.  That  provisions  shall  be  made  for  the  establishment  and 
maintenance  of  systems  of  public  schools,  which  shall  be  open  to  all 
children  from  said  states,  and  free  from  sectarian  control. 

Section  10.  That  upon  admission  of  each  of  said  states  into  the 
Union,  sections  numbered  16  and  36  in  every  township  of  said  pro- 
posed states,  and  where  such  sections  or  any  parts  thereof  have  been 
sold  or  otherwise  disposed  of  by  or  under  the  authority  of  any  act  of 
Congress,  other  lands  equivalent  thereto,  in  legal  subdivisions  of  not 
less  than  one  quarter  section,  and  as  contiguous  as  may  be  to  the 
section  in  lieu  of  which  the  same  is  taken,  are  hereby  granted  to  said 
states  for  the  support  of  common  schools,  such  indemnity  land  to  be 
selected  within  said  states  in  such  manner  as  the  Legislature  may 
provide,  with  the  approval  of  the  Secretary  of  the  Interior;  Provided: 
that  the  sixteenth  and  thirty-sixth  sections  embraced  in  permanent 
reservations  for  national  purposes  shall  not,  at  any  time,  be  sub- 
ject to  the  grants  nor  to  the  idemnity  provisions  of  this  act,  nor  shall 
any  lands  embraced  in  Indian,  military  or  other  reservations  of  any 
character,  be  subject  to  the  grants  or  to  the  indemnity  provisions  of 
this  act  until  the  reservation  shall  have  been  extinguished  and  such 
lands  be  restored  to,  and  become  a  part  of  the  public  domain. 

Section  n.  That  all  lands  herein  granted  for  educational  pur- 
poses shall  be  disposed  of  only  at  public  sale,  and  at  a,  price  not  less 
than  ten  (10)  dollars  per  acre,  the  proceeds  to  constitute  a  permanent 
school  fund,  the  interest  of  which  only  shall  be  expended  in  the  sup- 
port of  said  schools.  But  said  lands  may,  under  such  regulation 
as  the  Legislature  shall  prescribe,  be  leased  for  periods  of  not  more 


GENERAL,  SCHOOL  LAW 


than  five  years,  in  quantities  not  exceeding  one  section  to  any  one 
person  or  company;  and  such  lands  shall  not  be  subject  to  pre-emp- 
tion, homestead  entry,  or  any  other  entry  under  the  land  laws  of  the 
United  States,  whether  surveyed  or  unsurveyed,  but  shall  be  reserv- 
ed for  school  purposes  only. 

Section  13.  That  5  per  centum  of  the  proceeds  of  the  sales  of  pub- 
lic lands  lying  within  said  states  which  shall  be  sold  by  the  United 
States  subsequent  to  the  admission  of  said  states  into  the  Union,  after 
deducting  all  the  expenses  incident  to  the  same,  shall  be  paid  to  the 
said  states,  to  be  used  as  a  permanent  fund,  the  interest  of  which  only 
shall  be  expended  for  the  support  of  common  schools  within  said 
states  respectively. 

Section  14.  That  the  lands  granted  to  the  Territories  of  Dakota 
and  Montana  by  the  act  of  February  18,  1881,  entitled  "An  act  to 
Grant  Lands  to  Dakota,  Montana,  Arizona,  Idaho  and  Wyoming,  for 
University  Purposes/'  are  hereby  vested  in  the  states  of  South  Da- 
kota, North  Dakota  and  Montana,  respectively,  if  such  states  are  ad- 
mitted into  the  Union  as  provided  in  this  act,  to  the  extent  of  the 
full  quantity  of  seventy-two  sections  to  each  of  said  states,  and  ap- 
portion of  said  lands  that  may  not  have  been  selected  by  either  of 
said  Territories  of  Dakota  or  Montana  may  be  selected  by  the  res- 
pective states  aforesaid;  but  said  act  of  February  18,  1881,  shall  be 
so  amended  as  to  provide  that  none  of  said  lands  shall  be  sold  for 
less  than  ten  (10)  dollars  per  acre,  and  the  proceeds  shall  constitute 
a  permanent  fund  to  be  safely  invested  and  held  by  said  states  sev- 
erally, and  the  income  thereof  to  be  used  exclusively  for  university 
purposes.  *  *  *  None  of  the  lands  granted  in  this  section  shall 
be  sold  at  less  than  ten  (10)  dollars  per  acre;  but  said  lands  may  be 
leased  in  the  same  manner  as  provided  in  Section  1 1  of  this  act.  The 
schools,  colleges,  and  universities  provided  for  in  this  act  shall  for- 
ever remain  under  the  exclusive  control  of  said  states,  respectively, 
and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal  of  any 
lands  herein  granted  for  educational  purposes  shall  be  used  for  the 
support  of  any  sectarian  or  denominational  school,  college  or  univer- 
sity. *  *  * 

Section  16.  That  90,000  acres  of  land  to  be  selected  and  located  as 
provided  in  Section  10  of  this  act,  are  hereby  granted  to  each  of 
said  states  except  to  the  State  of  South  Dakota,  to  which  120,000 
acres  are  granted  for  the  use  and  support  of  agricultural  colleges 
in  said  states,  as  provided  in  the  acts  of  Congress  making  donations 
of  lands  for  such  purposes. 


STATE  OP 


Section  17.  That  in  lieu  of  the  grant  of  land  for  purposes  of  in- 
ternal improvement  made  to  new  states  by  the  eighth  section  of  the 
act  of  September  4,  1841,  which  act  is  hereby  repealed  as  to  the  states 
provided  for  by  this  act,  and  in  lieu  of  any  claim  or  demand  by  the 
said  states,  or  either  of  them,  under  the  act  of  September  28,  1850, 
and  Section  2479  of  the  Revised  Statutes,  making  a  grant  of  swamp 
and  overflowed  lands  to  certain  states,  which  grant  it  is  hereby  de- 
clared is  not  extended  to  the  states  provided  for  in  this  act,  and  in 
lieu  of  any  grant  of  saline  lands  to  said  states,  the  following  grants 
of  land  are  hereby  made,  to-wit: 

*  *     *       To  the  State  of  Montana:     For  the  establishment  and 
maintenance  of  a  School  of  Mines,  100,000  acres;  for  State  Normal 
Schools,  100,000  acres;  for  Agricultural  Colleges,  in  addition  to  the 
grant  hereinbefore  made  for  that  purpose,  50,000  acres;  for  the  es- 
tablishment of  a  State  Reform  School,  50,000  acres;  for  the  estab- 
lishment of  a  Deaf  and  Dumb  Asvlum,  50,000  acres;  for  the  public 
buildings  at  the  Capital  of  the  State,  in  addition  to  the  grant  herein- 
before made  for  that  purpose,  150,000  acres. 

*  *     *     That  the  states  provided  for  in  this  act  shall  not  be  en- 
titled to  any  further  or  other  grants  of  land  for  any  purpose  than 
as  expressly  provided  for  in  this  act.     The  lands  granted  by  this  sec- 
tion shall  be  held,  appropriated  and  disposed  of  excusively  for  the 
purpose   herein   mentioned,  in   such   manner  as  the   Legislatures   of 
the  respective  states  may  severally  provide. 

Section  18.  That  all  mineral  lands  shall  be  exempted  from  the 
grants  of  this  act.  But  if  sections  16  and  36,  or  any  subdivision  or 
portion  of  any  smallest  subdivision  thereof  in  any  township  shall  be 
found  by  the  Department  of  the  Interior  to  be  mineral  lands,  said 
states  are  hereby  authorized  and  empowered  to  select,  in  legal  subdivi- 
sions, an  equal  quantity  of  other  unappropriated  lands  in  said  states, 
in  lieu  thereof,  for  the  use  and  the  benefit  of  the  common  schools  of 
said  states. 

Section  19.  That  all  lands  granted  in  quantity  or  as  indemnity 
by  this  act  shall  be  selected,  under  the  direction  of  the  Secretary  of 
the  Interior,  from  the  surveyed,  unreserved  and  unappropriated  public 
lands  of  the  United  States  within  the  limits  of  the  respective  states 
entitled  thereto.  And  there  shall  be  deducted  from  the  number  of 
acres  of  land  donated  by  this  act  for  specific  objects  to  said  states  the 
number  of  acres  in  each  heretofore  donated  by  Congress  to  said  ter- 
ritories for  similar  objects. 


GENERAL  SCHOOL  LAW 


CONSTITUTIONAL  PROVISIONS. 

(August  1 7th,  1889.) 

PREAMBLE. 

We,  the  people  of  Montana,  grateful  to  Almighty  God  for  the  bless- 
ings of  liberty,  in  order  to  secure  the  advantages  of  a  State  govern- 
ment, do,  in  accordance  with  the  provisions  of  the  Enabling  Act  of 
Congress,  approved  the  22nd  of  February,  A.  D.  1889,  ordain  and 
establish  this  Constitution. 

ARTICLE  V. 

THE  LEGISLATIVE  DEPARTMENT. 

Section  26.     The  Legislative  Assembly  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  following  enumerated  cases,  that  is  to  say: 
*      ******      ******      *****      * 

13.     Providing  for  the  management  of  common  schools. 

ARTICLE  VII. 

EXECUTIVE  DEPARTMENT. 

Section  i.  The  Executive  department  shall  consist  of  a 
Superintendent  of  Public  Instruction,  each  of  whom  shall  hold  his 
office  for  four  years,  or  until  his  successor  is  elected  and  qualified, 
beginning  on  the  first  Monday  of  January  next  succeeding  his  elec- 
tion, except  that  the  terms  of  office  of  those  who  are  elected  at  the 
first  election,  shall  begin  when  the  State  shall  be  admitted  into  the 
Union,  and  shall  end  on  the  first  Monday  of  January,  A.  D.  1893. 
The  officers  of  the  Executive  Department,  excepting  the  Lieutenant 
Governor,  shall  during  their  terms  of  office  reside  at  the  seat  of  gov- 
ernment where  they  shall  keep  the  public  records,  books  and  papers. 
They  shall  perform  such  duties  as  are  prescribed  in  this  Constitution 
and  by  the  laws  of  the  State.  *********** 

Section  3.  No  person  shall  be  eligible  to  the  office  of  *  *  *  * 
Superintendent  of  Public  Instruction,  unless  he  shall  have  attained  the 
age  of  thirty  years  at  the  time  of  his  election.  *  *  *  *  *  In 
addition  to  the  .qualifications  above  prescribed,  each  of  the  officers 
named  shall  be  a  citizen  of  the  United  States,  and  have  resided  with- 
in the  State  or  Territory  two  years  next  preceding  his  election. 

Section  4.  Until  otherwise  provided  by  law,  the  *  *  *  Super- 
intendent of  Public  Instruction,  shall  quarterly  as  due,  during  their 
continuance  in  office,  receive  for  their  services  compensation  which  is 
fixed  as  follows:  ********* 


STATE  OF  MONTANA. 


Superintendent  of  Public  Instruction,  two  thousand  five  hundred 
dollars  per  annum. 

*  *  *  The  compensation  enumerated  shall  be  in  full  for  all  ser- 
vices by  said  officers  respectively  rendered  in  any  official  capacity  or 
employment  whatever  during  their  respective  terms  of  office,  and  the 
salary  of  no  official  shall  be  increased  during  his  term  of  office.  No 
officer  named  in  this  section  shall  receive,  for  the  performance  of  any 
official  duty,  any  fee  for  his  own  use,  but  all  fees  fixed  by  law  for 
the  performance  by  any  officer  of  any  official  duty,  shall  be  collected 
in  advance,  and  deposited  with  the  State  Treasurer  quarterly  to  the 
credit  of  the  State.  No  officer  mentioned  in  this  section  shall  be 
eligible  to,  or  holtf  any  other  public  office,  except  member  for  the 
State  Board  of  Education  during  his  term  of  office. 

ARTICLE  IX. 

ELECTIVE  FRANCHISE. 

Section  10.  Women  shall  be  eligible  to  hold  the  office  of  County 
Superintendent  of  schools  or  any  school  district  office  and  shall  have 
the  right  to  vote  at  any  school  district  election. 

ARTICLE  X. 

STATE   INSTITUTIONS. 

Section  i.  Educational,  reformatory  and  penal  institutions,  and 
those  for  the  benefit  of  the  insane,  blind,  deaf  and  mute,  soldiers'  home, 
and  such  other  institutions  as  the  public  good  may  require,  shall  be 
established  and  supported  by  the  State  in  such  a  manner  as  may  be 
prescribed  by  law. 

ARTICLE  XL 

EDUCATION. 

Section  i.  It  shall  be  the  duty  of  the  Legislative  Assembly  of  Mon- 
tana to  establish  and  maintain  a  general,  uniform  and  thorough  sys- 
tem of  public,  free  common  schools. 

Section  2.  The  public  school  fund  of  the  State  shall  consist  of  the 
proceeds  of  such  lands  as  have  heretofore  been  granted,  or  may  here- 
after be  granted,  to  the  State  by  the  general  government,  known  as 
school  lands:  and  those  granted  in  lieu  of  such  lands  acquired  by  gift 
or  grant  from  any  person  or  corporation  under  any  law  or  grant  of 
the  general  government;  and  of  all  other  grants  of  land  or  money  made 
to  the  State  from  the  general  government  for  general  educational 
purposes,  or  where  no  other  special  purpose  is  indicated  in  such  grant; 
all  estates,  or  distributive  shares  of  estates  that  may  escheat  to  the 
State;  all  unclaimed  shares  and  dividends  of  any  corporation  incor- 


GENERAL  SCHOOL  LAW 


porated  under  the.  laws  of  the  State,  and  all  other  grants,  gifts,  devises 
or  bequests  made  to  the  State  for  general  educational  purposes. 

Section  3.  Such  public  school  fund  shall  forever  remain  inviolate, 
guaranteed  by  the  State  against  loss  or  diversion,  to  be  invested,  so  far 
as  possible,  in  public  securities  within  the  State,  including  school  dis- 
trict bonds,  issued  for  the  erection  of  school  buildings,  under  the  restric- 
tions to  be  provided  by  law. 

Section  4.  The  Governor,  Superintendent  of  Public  Instruction, 
Secretary  of  State  and  Attorney  General  shall  constitute  the  State 
Board  of  Land  Commissioners,  which  shall  have  the  direction,  con- 
trol, leasing  and  sale  of  the  school  lands  of  the  State,  and  the  lands 
granted  or  which  may  hereafter  be  granted  for  the  support  and  bene- 
fit of  the  various  State  educational  institutions,  under  such  regula- 
tions and  restrictions  as  may  be  prescribed  by  law. 

Section  5.  The  interest  on  all  invested  school  funds  of  the  State, 
and  all  rents  accruing  from  the  leasing  of  any  school  lands,  shall  be 
apportioned  to  the  several  school  districts  of  the  State  in  proportion 
to  the  number  of  children  and  youths  between  the  ages  of  six  and 
twenty-one  years,  residing  therein  respectively,  but  no  district  shall 
be  entitled  td  such  distributive  share  that  does  not  maintain  a  free 
public  school  for  at  least  three  months  during  the  year  for  which  dis- 
tributions shall  be  made. 

Section  6.  It  shall  be  the  duty  of  the  Legislative  Assembly  to  pro- 
vide by  taxation,  or  othenvise,  sufficient  means,  in  connection  with 
the  amount  received  from  the  general  school  fund,  to  maintain  a  pub- 
lic, free,  common  school  in  each  organized  district  in  the  State,  for 
at  least  three  months  in  each  year. 

Section  7.  The  public  free  schools  of  the  State  shall  be  open  to 
all  children  and  youth  between  the  ages  of  six  and  twenty-one  years. 

Section  8.  Neither  the  Legislative  Assembly,  nor  any  county,  city, 
t(  wn,  or  school  district,  or  other  public  corporations,  shall  ever  make 
directly  or  indirectly,  any  appropriation,  or  pay  from  any  public  fund 
or  moneys  whatever,  or  make  any  grant  of  lands  or  other  property  in 
aid  of  any  church,  or  for  any  sectarian  purpose,  or  to  aid  in  the  sup- 
port of  any  school,  academy,  seminary,  college,  university  or  other 
literary,  scientific  institution  controlled  in  whole  or  in  part  by  any 
church,  sect  or  denomination  whatever. 

Section  Q.  No  religious  or  partisan  test  or  qualification  shall  ever 
be  required  of  any  person  as  a  condition  of  admission  into  any  public 
educational  institution  of  the  State,  either  as  teacher  or  student;  nor 


STATE  OF  MONTANA. 


shall  attendance  be  required  at  any  religious  service  whatever,  nor  shall 
any  sectarian  tenets  be  taught  in  any  public  educational  institution 
of  the  State;  nor  shall  any  person  be  debarred  admission  to  any  of 
the  collegiate  departments  of  the  university  on  account  of  sex. 

Section  10.  The  Legislative  Assembly  shall  provide  that  all  elections 
for  school  district  officers  shall  be  separate  from  those  elections  at 
which  State  or  County  officers  are  voted  for. 

Section  IT.  The  general  control  and  supervision  of  the  State  Uni- 
versity and  the  various  other  State  educational  institutions  shall  be 
vested  in  a  State  Board  of  Education,  whose  powers  and  duties  shall 
be  prescribed  and  regulated  by  law.  The  said  board  shall  consist  of 
eleven  members,  the  Governor,  State  Superintendent  of  Public  In- 
struction and  Attorney  General,  being  ex-officio,  the  other  eight 
members  thereof,  shall  be  appointed  by  the  Governor  subject 
to  the  confirmation  of  the  Senate,  under  the  regulation  and  restric- 
tions to  be  provided  by  law. 

Section  12.  The  funds  of  the  State  University  and  of  all  other 
State  institutions  of  learning,  from  whatever  source  accruing,  shall 
forever  remain  inviolate  and  sacred  to  the  purpose  for  which  they 
were  dedicated.  The  various  funds  shall  be  respectively  invested 
under  such  regulations  as  may  be  prescribed  by  law,  and  shall  be 
guaranteed  by  the  State  against  loss  or  diversion.  The  interest  of  said 
invested  funds,  together  with  the  rents  from  leased  lands  or  properties 
shall  be  devoted  to  the  maintenance  and  perpetuation  of  these  respec- 
tive institutions. 

ARTICLE  XIII. 

PUBLIC  INDEBTEDNESS. 

Section  6  No  city,  town,  township  or  school  district  shall  be  al- 
lowed to  become  indebted  in  any  manner  or  for  any  purpose  to  an 
amount,  including  existing  indebtedness,  in  the  aggregate  exceeding 
three  per  centum  of  the  value  of  the  taxable  property  therein,  to  be 
ascertained  by  the  last  assessment  for  the  State  and  County  taxes  pre- 
vious to  the  incurring  of  such  indebtedness,  and  all  bonds  or  obliga- 
tions in  excess  of  such  amount  given  by,  or  on  behalf  of,  such  city, 
town,  township  or  school  district  shall  be  void;  Provided,  however, 
that  the  Legislative  Assembly  may  extend  the  limit  mentioned  in  this 
section,  by  authorizing  municipal  corporations  to  submit  the  ques- 
tion to  a  vote  of  the  tax-payers  affected  thereby,  when  such  increase 
is  necessary  to  construct  a  sewerage  system  or  to  procure  a  supply 
of  water  for  such  municipality  which  shall  own  and  control  said  water 


GENERAL,  SCHOOL  LAW 


supply  and  devote  the  revenues  derived  therefrom  to  the  payment  of 
the  debt. 

ARTICLE  XVII. 

PUBLIC  LANDS. 

Section  i.  All  lands  of  the  State  that  have  been,  or  that  may  ^  here- 
after be  granted  to  the  State  by  Congress,  and  all  lands  acquired  by 
gift  or  grant,  or  devise,  from  any  person  or  corporation,  shall  be  public 
lands  of  the  State,  and  shall  be  held  in  trust  for  the  people,  to  be 
disposed  of  as  hereafter  provided,  for  the  respective  purposes  for 
which  they  have  been  or  may  be  granted,  donated  or  devised;  and 
none  of  such  land,  nor  any  estate  or  interest  therein,  shall  ever  be 
disposed  of  except  in  pursuance  of  general  laws  providing  for  such 
disposition,  nor  unless  the  full  market  value  of  the  estate  or  interest 
disposed  of,  to  be  ascertained  in  such  manner  as  may  be  provided  by 
law,  be  paid  or  safely  secured  to  the  State;  nor  shall  any  lands  which 
the  State  holds  by  grant  from  the  United  States  (in  any  case  in  which 
the  manner  of  disposal  and  minimum  price  are  so  prescribed)  be  dis- 
posed of,  except  in  the  manner  and  for  at  least  the  price  prescribed  in 
the  grant  thereof,  without  the  consent  of  the  Untied  States.  Said 
lands  shall  be  classified  by  the  Board  of  Land  Commissioners,  as  fol- 
lows: First,  lands  which  are  valuable  only  for  grazing  purposes.  Sec- 
ond, those  which  are  principally  valuable  for  the  timber  that  is  on 
them.  Third,  agricultural  lands.  Fourth,  lands  within  the  limits  of 
any  town  or  city  or  within  three  miles  of  such  limits;  Provided,  That 
any  of  said  lands  may  be  re-classified  whenever,  by  reason  of  increased 
facilities  for  irrigation  or  otherwise,  they  shall  be  subject  to  different 
classification. 

Section  2.  The  lands  of  the  first  of  said  classes  may  be  sold  or 
leased,  under  such  rules  and  regulations  as  may  be  prescribed  by  law. 
The  lands  of  the  second  class  may  be  sold,  or  the  timber  thereon  may 
be  sold,  under  such  rules  and  regulations  as  may  be  prescribed  by  law. 
The  agricultural  lands  may  be  either  sold  or  leased,  under  such  rules 
and  regulations  as  may  be  prescribed  by  law.  The  land  of  the 
fourth  class  shall  be  sold  in  alternate  lots  of  not  more  than  five  acres 
each,  and  not  more  than  one-half  of  any  one  tract  of  such  lands  shall 
be  sold  prior  to  the  year  one  thousand  nine  hundred  and  ten  (1910.) 

Section  3.  All  public  lands  may  be  disposed  of  in  such  manner  as 
may  be  provided  by  law. 


OF  MONTANA. 


STATUTORY  PROVISIONS. 

TITLE  III.— EDUCATION. 

Chapter. 

I.    State  Board  of  Education. 
II.    State  University  of  Montana. 

III.  School  of  Mines  of  Montana. 

IV.  Agricultural  College  of  Montana. 
V.    State  Normal  School. 

VI.  Public  Schools. 

VII.  Deaf  and  Dumb  Asylum. 

VIII.  Authorizing  State  Board  of  Education  to  select  lands  for  Educational  Insti- 
tutions. 

IX.  Text-books. 

X.  University  Bond  Act. 

XI.  School  of  Mines  Bond  Act. 

XII.  Deaf  and  Dumb  Asylum  Bond  Act 

XIII.  Forms. 

CHAPTER   I. 

STATE  BOARD  OF  EDUCATION. 

Section  1510.  Membership. 

•    Sec.      1511.  Appointment  and  term. 

Sec.      1512.  Oath. 

Sec.      1513.  Officers. 

Sec.      1514.  Quorum. 

Sec.      1515.  Meetings. 

Sec.      1516.  Powers  and  duties. 

Sec.      1517.  State  diplomas. 

Sec.      1518.  Life  diplomas. 

Sec.      1519.  Graduate  of  the  State  Normal  School. 

Sec.      1520.  Revocation  of  diploma. 

Sec.     1521.  Expenses. 

Section  1510.  The  State  Board  of  Education  shall  consist  of  eleven 
members,  of  which  number  the  Governor,  State  Superintendent  of 
Public  Instruction  and  Attorney  General  shall  be  ex-officio  members. 

Section  1511.  The  Governor  shall  appoint  by  and  with  the  advice 
and  consent  of  the  Senate  the  remaining  eight  members  of  the  board. 
The  persons  first  appointed  under  the  provisions  of  this  title  shall  hold 
office  for  the  following  terms:  Two  shall  be  appointed  for  the  term  of 
two  years  from  the  first  day  February,  1893;  two  for  the  term  of 
three  years  from  the  first  day  of  February,  1893;  two  for  the  term  of 
four  years  from  the  first  day  of  February,  1893,  and  two  for  the  term  of 


10  GENERAL  SCHOOL  LAW 

five  years  from  the  first  day  of  February,  1893.  Their  successors  sha-1 
be  appointed  for  the  term  of  four  years,  and  until  their  successors  are 
appointed  and  qualified. 

Section  1512.  The  persons  so  appointed  as  members  of  the  State 
Board  of  Education  shall,  before  entering  upon  the  duties  of  their 
office,  take  and  subscribe  the  constitutional  oath  prescribed  for  civil 
officers,  which  shall  be  filed  in  the  office  of  the  Secretary  of  State. 

Section  1513.  The  Governor  shall  be  the  President  of  the  said 
Board  and  the  Superintendent  of  Public  Instruction  shall  be  the  Secre- 
tary thereof.  The  State  Treasurer  shall  be  the  Treasurer  of  the 
Board. 

Section  1514.  A  majority  of  said  board  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Section  1515.  The  board  shall  hold  semi-annual  meetings  at  the 
State  Capital  on  the  first  Monday  in  June  and  December  in  each  year, 
and  may  hold  special  meetings  at  any  time  and  place  they  may  direct. 
The  President  and  Secretary  of  the  board  may  also  call  special  meet- 
ings of  said  board  at  any  time  and  place,  if  in  their  judgment  the  ne- 
cessity requires  it. 

Section  1516.  The  powers  and  duties  of  said  board  shall  be  as  fol- 
lows : 

First.  They  shall  have  the  general  control  and  supervision  of  the 
State  University  and  the  various  State  educational  institutions. 

Second.  To  adopt  rules  and  regulations  not  inconsistent  with  the 
Constitution  and  laws  of  this  State  for  its  own  government,  and  proper 
and  necessary  for  the  execution  of  the  powers  and  duties  conferred 
upon  them  by  law. 

Third.  To  prescribe  rules  and  regulations  for  the  government  of 
the  various  State  educational  institutions. 

Fourth.  To  recommend  to  the  Legislature  a  uniform  system  of  text 
books  to  be  used  in  the  public  schools  of  the  State  below  the  high 
schools  in  accordance  with  the  provisions  of  this  Title. 

Fifth.  To  grant  diplomas  to  graduates  of  the  State  University  and 
other  State  educational  institutions,  upon  the  recommendation  of  the 
faculties  thereof,  and  may  confer  honorary  degrees  upon  persons  other 
than  graduates,  upon  recommendation  of  the  faculty  of  any  of  said 
institutions. 

Sixth.  To  adopt  and  use  in  the  authentication  of  its  acts  an  official 
seal. 


»F  THE 

UNIVERSITY 


STATE  OF  MONTANA,  ^^i  :_^^  11 


Seventh.  To  grant  State  diplomas,  valid  for  six  years,  and  life 
diplomas. 

Eighth.     To  keep  a  record  of  its  proceedings. 

Ninth.  To  make  an  annual  report  on  or  before  the  first  day  of 
January,  which  shall  be  printed  under  the  direction  of  the  board. 

Tenth.  To  receive  from  the  State  Board  of  Land  Commissioners 
or  other  boards  or  persons  ,or  from  the  government  of  the  United 
States,  any  and  all  funds,  income  and  other  property,  to  which  any  of 
the  said  institutions  may  be  entitled,  and  to  use  and  appropriate  the 
same  for  the  specific  purpose  of  the  grant  or  donation,  and  none  other 
and  to  have  general  control  of  all  receipts  and  disbursements  of  any 
of  said  institutions. 

Eleventh.  To  appoint  and  commission  experienced  teachers  to  act 
as  instructors  in  county  institutes. 

Section  1517.  State  diplomas  shall  be  issued  to  such  persons  as 
have  a  good  moral  character  and  who  have  held  for  one  year  and 
still  hold  in  full  force  and  effect  a  first  grade  county  certificate,  with 
the  addition  of  English  literature  and  mental  philosophy  and  who 
shall  furnish  satisfactory  evidence  of  having  been  successfully  engaged 
in  teaching  for  at  least  five  years.  The  term  "five  years"  shall  be 
construed  to  mean  for  five  years  of  not  less  than  seven  months  each; 
that  is,  the  applicant  must  have  taught  a  part  of  each  year  for  five 
years — not  necessarily  consecutive  years— and  in  all  thirty-five  months, 
of  which  at  least  twenty-one  months  must  have  'been  in  the  public 
schools  of  Montana;  provided,  that  the  StateBoard  of  Education  shall 
have  power  to  add  such  other  studies  to  those  enumerated  in  this 
section  as  they  may  deem  necessary. 

Section  1518.  Life  diplomas  may  be  issued  upon  all  the  same  con- 
ditions as  State  diplomas,  except  that  the  applicant  must  pass  a 
satisfactory  examination  upon  the  rudiments  of  botany,  geology,  poli- 
tical economy,  zoology  and  general  history,  and  must  furnish  satis- 
factory evidence  of  having  been  successfully  engaged  in  teaching  for  at 
least  ten  years.  "Ten  years"  shall  be  construed  to  mean  ten  years  of 
not  less  than  seven  months  each;  that  is,  the  applicant  must  have  taught 
some  part  of  each  year  for  ten  years — not  necessarily  consecutive  years 
— and  in  all  seventy  months,  of  which  at  least  twenty-one  months  must 
have  been  in  the  public  schools  of  Montana. 

Section  1519.  A  State  or  life  diploma  may  be  granted 'to  any  grad- 
uate of  the  State  Normal  School  of  Montana  or  of  the  State  University 
of  Montana,  when  the  said  graduate  furnishes  satisfactory  evidence  of 


12  GENERAL  SCHOOL  LAW 

having  successfully  taught,  after  graduation,  a  public  school  in  this 
State  for  sixteen  school  months.  State  or  life  diplomas  may  be  grant- 
ed to  graduates  of  other  educational  institutions,  within  or  without 
the  State,  upon  conditions  established  by  the  State  Board  of  Educa- 
tion. 

Section  1520.  Any  State  or  life  diploma  may  be  revoked  by  the 
State  Superintendent  for  incompetency  or  immoral  conduct,  but  before 
any  such  revocation,  the  holder  shall  be  served  with  a  written  statement 
of  the  charges  against  him,  and  shall  have  an  opportunity  for  defense 
before  said  State  Board  of  Education. 

Section  1521.  The  members  of  said  board  shall  receive  no  com- 
pensation for  their  services,  but  shall  be  allowed  their  actual  traveling 
expenses  incurred  in  attending  the  meetings  of  the  board,  which  ex- 
penses and  all  other  expnses  on  the  certificate  of  the  Secretary  of  the 
board,  shall  be  audited  and  approved  by  the  State  Board  of  Examiners, 
and  paid  by  warrant  of  the  State  Auditor  on  the  State  Treasurer. 

CHAPTER  II. 

UNIVERSITY  OP  MONTANA. 

Section  1543.  The  University  of  Montana  established. 

Sec.  1544.  Government.    Officers. 

Sec.  1545.  Duty  of  State  Board  of  Education. 

Sec.  1546.  Power  of  State  Board  of  Education. 

Sec.  1547.  Officers  of  University.      Report. 

Sec.  1548.  Objects  of  University. 

Sec.  1549.  Course  of  study. 

S-ec.  1550.  Qualifications  of  students.      Military  instructions. 

Sec.  1551.  Charges  for  tuition. 

Sec.  1552.  Endowed  professorships. 

Sec.  1553.  Appropriations    for   support  of  University. 

Sec.  1554.  Selection  of  site. 

Section  1543.  There  is  hereby  established  in  this  State  at  the 
City  of  Missoula  an  institution  of  learning  under  the  name  and  style 
of  "The  University  of  Montana." 

Section  1544.  The  government  of  the  University  shall  be  vested 
in  the  State  Board  of  Education.  The  manner  of  their  appointment, 
their  powers,  duties,  compensation  and  terms  of  office  shall  be  as  pre- 
scribed by  law.  The  State  Treasurer  shall  be  the  Treasurer  of  said 
Board,  and  perform  all  the  duties  of  such  office,  subject  to  such  regula- 
tions as  the  State  Board  of  Education  may  adopt,  not  inconsistent  with 
his  official  duties;  and  he  and  his  sureties  shall  be  liable  on  his  official 
bond  as  State  Treasurer  for  the  faithful  discharge  of  such  duties. 

Section  1545.  The  State  Board  of  Education  shall  have  power,  and 
it  shall  be  their  duty,  to  enact  by-laws  for  the  government  of  the 


STATE  OF  MONTANA.  13 


University  in  all  its  departments ;  to  elect  a  President  of  the  University, 
and  in  their  discretion  a  Vice-President,  and  the  requisite  number  of 
Professors,  instructors,  officers  and  employes,  and  fix  their  salaries  and 
terms  of  each;  to  determine  the  moral  and  educational  qualifications 
of  applicants  for  admission  to  the  various  courses  of  instruction;  but 
no  sectarian  or  partisan  test  shall  ever  be  allowed  or  exercised  in  the 
appointment  of  professors,  instructors,  officers  or  employes  of  the  Uni- 
versity, or  in  the  admission  of  students  thereto,  or  for  any  purpose 
whatever.  No  instruction,  either  sectarian  or  religious  or  partisan 
in  politics,  shall  ever  be  allowed  in  any  department  in  the  University. 
The  State  Board  of  Education  shall  have  power  to  regulate  the  course 
of  instruction  and  prescribe  the  text  books  and  authorities  to  be  used 
in  all  the  departments,  and  may  confer  such  degrees,  and  grant  such 
diplomas  as  are  usual  in  Universities ;  and  may  confer  the  usual  honor- 
ary degrees  upon  other  persons  than  graduates  of  the  University  in 
recognition  of  their  learning,  or  devotion  to  literature,  art  or  science, 
as  may  be  recommended  by  the  Faculty  of  the  University. 

Section  1546.  The  immediate  government  of  the  several  colleges 
of  the  University  shall  be  intrusted  to  their  respective  Faculties ;  but  the 
State  Board  of  Education  shall  have  the  control  of  all  books,  records, 
buildings,  grounds  and  all  other  property  of  the  University. 

Section  1547.  The  President  of  the  University  shall  be  the  Presi- 
dent of  the  General  Faculty,  and  of  the  special  Faculties  of  the  several 
departments  or  colleges  and  the  Executive  head  of  the  institution  in 
all  its  departments.  As  such  officer  he  shall  have  authority,  subject 
to  the  State  Board  of  Education,  to  give  general  direction  to  the  in- 
struction, practical  affairs  and  scientific  investigations  of  the  several 
colleges,  and  as  long  as  the  interest  of  the  institution  require  it,  he 
shall  be  charged  with  the  duties  of  one  of  the  Professorships.  He 
shall  perform  the  duties  of  a  Corresponding  Secretary  for  the  Uni- 
versity. He  shall,  annually,  on  or  before  the  fifteenth  day  of  Decem- 
ber in  each  year,  make  a  report  to  the  State  Board  of  Education, 
showing  in  detail  the  progress  and  condition  of  the  University  during 
the  previous  year,  the  number  of  Professors  and  students  in  the  sev- 
eral departments  and  classes,  the  nature  and  results  of  all  important 
experiments  and  investigations,  and  such  other  matters,  relating  to 
the  proper  government  and  educational  work  of  the  institution  as 
he  shall  deem  useful. 

Section  1548.  The  object  of  the  University  of  Montana  shall  be  to 
provide  the  best  and  most  efficient  manner  of  imparting  to  young  men 
and  women,  on  equal  terms,  a  liberal  education  and  thorough  know!- 


14  GENERAL,  SCHOOL  LAW 


edge  of  the  different  branches  of  literature,  science  and  the  arts,  with 
the  varied  applications,  and  to  this  end  there  shall  be  established  the 
following  colleges  or  departments,  to-wit: 

First.     A  preparatory  department. 

Second.     A  department  of  literature,  science  and  the  arts. 

Third.  Such  professional  and  technical  colleges  as  may,  from  time 
time  to  time,  be  added  thereto  or  connected  therewith.  The  prepara- 
tory department  may  be  dispensed  with,  at  such  rate  and  in  such  wise 
as  may  seem  just  and  proper  to  the  State  Board  of  Education. 

Section  1549.  Such  duties  or  courses  of  instruction  shall  be  pur- 
sued in  the  preparatory  department  as  shall  best  prepare  the  student 
to  enter  any  of  the  regular  colleges  or  departments  of  the  University. 
The  college  or  department  of  Literature,  Science  and  the  Arts  shall 
embrace  courses  of  instruction  in  mathematical,  physical  and  natural 
sciences,  with  their  application  to  the  industrial  arts;  a  liberal  course 
of  instruction  in  the  languages,  literature,  history  and  philosophy,  and 
such  other  branches  as  the  State  Board  of  Education  may  prescribe. 

And,  as  soon  as  the  income  of  the  University  will  allow,  and  in  such 
order  as  the  demands  of  the  public  seem  to  require,  the  said  courses 
of  instruction  in  the  sciences,  literature  and  the  arts  shall  be  expanded 
into  distinct  colleges  or  departments  of  the  University,  each  with  its 
own  Faculty  and  appropriate  title. 

Section  1550.  The  University  shall  be  open  to  students  of  both 
sexes,  under  such  regulations  and  restrictions  as  the  State  Board  of 
Education  may  deem  proper.  All  able-bodied  male  students  of  the  Uni- 
versity may  receive  instruction  and  discipline  in  military  tactics,  the 
requisite  arms  of  which  shall  be  furnished  by  the  State. 

Section  1551.  Tuition  shal  ever  be  free  to  all  students  who  shall 
have  been  residents  of  the  State  for  one  year  next  preceding  their 
admission,  except  in  the  law  and  Medical  Departments  and 'for  extra 
studies.  The  State  Board  of  Education  may  prescribe  rates  for  tui- 
tion for  any  student  in  the  Law  and  Medical  departments,  or  who  shall 
not  have  been  a  resident  as  aforesaid,  and  for  teaching  such  studies. 

Section  \$$2.  Any  person  contributing  a  sum  not  less  than  fifteen 
thousand  dollars  shall  have  the  privilege  of  endowing  a  Professorship 
in  the  University,  or  any  department  thereof,  the  name  and  object 
of  which  shall  be  designated  by  the  State  Board  of  Education. 

Section  1553.  For  the  support  and  endowment  of  the  University 
there  is  annually  and  perpetually  appropriated: 


STATE  OF  MONTANA. 


First.  The  University  Income  Fund,  and  all  other  sums  of  money 
appropriated  by  law  to  the  University  Income  Fund. 

Second.     All  tuition  and  matriculation  fees. 

Third.  All  such  contributions  as  may  be  derived  from  public  or 
private  bounty. 

The  entire  income  of  all  such  funds  shall  be  placed*  at  the  disposal 
of  the  State  Board  of  Education,  by  transfer  to  the  Treasurer  of  said 
Board,  and  to  be  kept  separate  and  distinct  from  the  accounts  of  the 
State,  and  all  other  funds,  and  to  be  used  solely  for  the  support  of  the 
aforesaid  colleges  and  departments  of  the  University  or  connection 
therewith.  But  all  means  derived  from  other  public  or  private  bounty 
shall  be  exclusively  devoted  to  the  specific  objects  for  which  they  shall 
have  been  designated  by  the  donor. 

Section  1554.  It  shall  be  the  duty  of  the  State  Board  of  Education 
within  ninety  (90)  days  from  the  date  of  the  passage  of  this  act,  if 
then  organized,  but  if  not  organized  then  within  ninety  (90)  days 
from  the  organization  of  the  said  Board,  to  select  the  site  for  the 
definite  and  permanent  location  of  said  University  of  Montana,  which 
site  shall  be  within  three  miles  of  the  city  limits  of  the  City  of  Mis- 
soula;  and  they  shall,  at  once,  take  steps  or  proceedings  for  procuring 
the  title  to  the  tract  or  tracts  of  land  so  selected  by  them,  and  they  may, 
and  are  hereby  empowered  to  enter  into  contracts,  in  the  name  of 
the  State  of  Montana,  for  the  purchase  of  said  tract  or  tracts  of  land  so 
selected,  and  may  execute  such  obligations  for  the  payment  of  the 
same  as  will  mature  when  the  probable  income  of  the  University  fund 
will  pay  for  the  same.  The  State  Board  of  Education  are  hereby  au- 
thorized and  empowered  to  accept,  in  the  name  of  the  State  of  Mon- 
tana, such  gifts  of  land  and  moneys  as  may  be  tendered  for  a  Univer- 
sity site  or  to  aid  in  the  purchase  of  said  site;  and  they  shall  take  the 
proper  and  necessary  conveyances  of  said  tract  or  tracts  of  land  in 
the  name  of  the  State.  Provided,  That  if  such  gifts  consist  of  money 
only  or  money  and  land,  and  the  land  be  not  sufficient  in  amount  or 
not  appropriate  for  a  University  site,  then  they  shall  appropriate  such 
gifts  to  the  payment  of  said  site,  and  if  there  be  a  surplus  the  same 
to  become  a  part  of  the  University  fund.  Provided,  that  said  tract  of 
land  shall  not  be  less  than  forty  (40)  acres  in  extent. 


I--,  GENERAL,  SCHOOL'  LAW 

CHAPTER  III. 

SCHOOL  OF  MINES. 

Section  1572.  Schol  of  Mines  established. 

Sec.  1573.  Trustees,  term,  quorum. 

Sec.  1574.  Appointment  of  trustees. 

Sec.  1575.  Oath. 

Sec.  1576.  Powers  of  trustees. 

Sec.  1577.  Object  of  school. 

Sec.  1578.  Site,  appliances. 

Sec.  1579.  Qualifications  of  students. 

Sec.  1580.  Officers  of  Board. 

Sec.  1581.  Vacancies  In  Board,  how  filled. 

Sec.  1582.  Report. 

Sec.  1583.  Location  of  school  lands. 

Sec.  1584.  Revenue  of  school. 

Sec.  1585.  Investment  of  donations. 

Sec.  1586.  Bond  of  Treasurer. 

Sec.  1587.  Fees  of  Professors. 

Sec.  1538.  Debt  prohibited. 

Sec.  1589.  Faculy  of  School. 

Sec.  1590.  Trustees  may  accept  donations. 

Section  1572.  The  State  School  of  Mines  is  hereby  established  and 
declared  to  be  a  body  corporate  under  the  name  of  "Montana  State 
School  of  Mines"  and  by  that  name  may  sue  and  be  sued,  may  take  and 
hold  real  or  personal  property  by  gift,  bequest,  devise,  or  purchase 
from  the  State,  and  may  dispose  of  the  same  when  authorized  so  to 
do  by  law. 

Section  1573.  There  shall  be  a  Board  of  Trustees  of  said  School 
of  Mines,  to  be  composed  of  five  persons,  who  shall,  except  as  here- 
inafter provided,  hold  their  office  for  a  period  of  four  years  and  until 
their  successors  are  appointed  and  qualified.  Any  three  of  said  Board 
of  Trustees  shall  constitute  a  quorum  for  the  transaction  of  business 
and  the  said  Board  shall  have  such  powers  and  perform  such  duties 
as  are  hereinafter  specified. 

Section  1574.  The  State  Board  of  Education  shall  within  ninety 
(90)  days  of  the  passage  of  this  Act,  if  such  Board  shall  then  be  or- 
ganized, and  if  not  so  organized,  shall  within  ninety  (90)  days  after 
their  organization  designate  and  apppoint  five  suitable  persons,  at 
least  three  of  whom  shall  be  residents  of  Silver  Bow  County;  and 
the  persons  so  appointed  by  the  State  Board  of  Education  shall  be 
known  as  the  Trustees  of  the  School  of  Mines,  three  of  whom  shall 
hold  office  until  Jnauary  1st,  1896,  and  two  of  whom  shall  hold  office 
until  January  1st,  1894,  and  their  terms  of  office  shall  be  distinctly 
designated  by  the  State  Board  of  Education. 


STATE  OF  MONTANA.  17 


Section  1575.  Every  Trustee  hereafter  appointed  shall,  before  en- 
tering upon  the  duties  of  his  office,  take  an  oath  to  support  the  Con- 
stitution of  the  United  States  and  the  Constitution  of  the  State  of 
Montana,  and  to  faithfully  perform  the  duties  of  his  said  office  of 
Trustee  to  the  best  of  his  ability  and  understanding. 

Section  1576.  The  said  Board  of  Trustees  shall  have  the  control 
and  management  of  the  said  School  of  Mines,  and  of  the  property 
belonging  thereto,  subject  to  the  laws  of  this  State,  and  to  such  gen- 
eral control  and  supervision  as  shall  be  vested  by  law  in  the  State 
Board  of  Education,  and  may  make  all  needful  by-laws  and  regula- 
tions for  the  government  of  said  Board,  and  for  the  management  and 
government  of  said  School  of  Mines  not  inconsistent  with  the  laws  of 
this  State. 

Section  1577.  It  shall  be  the  object  of  such  School  of  Mines  to 
furnish  facilities  for  the  education  of  such  persons  as  may  desire  to 
receive  special  instruction  in  Chemistry,  Metallurgy,  Mineralogy, 
Geology,  Mining,  Mining  Engineering,  Mathematics,  Mechanics  and 
Drawing. 

Section  1578.  The  said  Board  of  Trustees  are  hereby  authorized  to 
procure  a  suitable  site  at  or  near  the  City  of  Butte,  in  the  County  of 
Silver  Bow,  and  the  State  of  Montana,  for  said  School  of  Mines,  as 
hereinafter  set  out,  and  to  erect  suitable  buildings  thereon,  and  to 
procure  such  machinery  and  other  appliances  as  may  be  necessary 
to  carry  out  the  object  and  intention  of  such  institution  and  to  pro- 
mote the  welfare  thereof,  whenever  the  funds  nrovided  for  the  estab- 
lishment of  said  School  of  Mines  will  warrant  the  same. 

Section  1579.  The  said  School  of  Mines  shall  be  open  and  free  for 
instruction  to  all  bona  fide  residents  of  this  State  without  regard  to 
sex  or  color,  and,  with  the  consent  of  said  Board  students  from  other 
States  or  Territories  may  receive  an  education  thereat,  upon  such 
terms  and  at  such  rates  of  tuition  as  the  Board  may  prescribe. 

Section  1580.  The  Board  shall,  at  their  first  meeting,  and  bien- 
nially thereafter,  elect  one  of  their  number  Chairman  of  said  Board, 
and  shall  also  appoint  a  Secretary  and  Treasurer,  either  from  their  own 
number,  or  other  suitable  persons,  as  they  may  deem  best,  and  pre- 
scribe their  duties,  and  may  at  any  time,  in  their  discretion,  remove 
such  Secretary  or  Treasurer. 

Section  1581.  The  State  Board  of  Education,  with  the  advice  and 
consent  of  the  Senate  shall,  at  each  regular  sesssion  of  the  Legisla- 
tive Assembly,  to  be  held  after  the  year  A.  D.  1893,  by  appointment 
fill  the  vacancies  in  said  Board  of  Trustees,  occurring  either  by  the 


18  GENERAL  SCHOOL  LAW 

expiration  of  their  term  of  office  or  otherwise;  and  any  vacancy  oc- 
curring in  such  Board  of  Trustees,  when  the  Legislative  Assembly 
is  not  in  session,  may  be  temporarily  filled  by  the  State  Board  of  Edu- 
cation, until  the  next  meeting  of  the  Legislative  Assembly. 

Section  1582.  The  Chairman  of  the  Board  of  Trustees  shall  annu- 
ally, on  or  before  the  loth  day  of  December  in  each  year,  make  a  re- 
port to  the  State  Board  of  Education  of  the  prosperity  and  condition 
of  said  School  of  Mines,  containing  such  statistical  and  other  informa- 
tion pertaining  thereto  as  he  may  deem  necessary  and  useful,  and  also 
a  detailed  statement  of  the  receipts  and  expenses  of  such  institution. 

Section  1583.  The  State  Board  of  Land  Commissioners  are  hereby 
authorized  and  required  to  locate  all  the  lands  that  have  been  donated 
by  the  United  States  to  the  State  of  Montana  for  the  establishment 
and  maintenance  of  a  School  of  Mines,  and  report  to  the  next  Legis- 
lative Assembly  the  number  of  acres  so  located,  where  situated,  their 
character  and  estimated  value,  and  shall  make  a  similar  report  on  or 
before  the  next  meeting  of  the  Legislative  Assembly  to  the  Board  of 
Trustees  of  the  School  of  Mines,  and  also  to  the  State  Board  of  Edu- 
cation. 

Section  1584.  None  of  the  land  located,  as  required  in  the  pre- 
ceding section  of  this  Act,  shall  be  sold,  except  as  may  be  provided  by 
the  Legislative  Assembly,  and  whenever  the  said  lands  are  sold  the 
proceeds  of  such  sale,  being  for  the  whole  or  a  part  of  said  lands,  shall 
be  paid  over  to  the  said  Board  of  Trustees  by  an  order  drawn  by  the 
President  of  the  School  of  Mines,  countersigned  by  the  Secretary  of 
the  Board,  the  President  and  Secretary  having  been  so  authorized 
by  the  Board  of  Trustees,  upon  the  State  Treasurer.  All  revenue  and 
profits  arising  from  the  said  lands  shall  be  paid  over  to  the  Board 
of  Trustees  in  like  manner.  The  said  Board  of  Trustees,  with  the 
advice  and  consent  of  the  State  Board  of  Education,  shall  set  apart 
a  certain  proportion  of  the  said  money  whether  derived  from  the  sale 
of  said  lands  or  the  revenues  and  profits  of  said  lands,  for  a  building 
fund,  which  proportion  shall  be  by  the  said  Board  of  Trustees  used 
in  procuring  a  suitable  site  for  said  School  of  Mines,  and  the  erection 
of  such  buildings  and  the  procuring  of  such  machinery  and  other  ap- 
pliances as  may  be  necessary  to  carry  out  the  object  and  intention  of 
such  institution.  The  residue  of  said  money  so  paid  and  arising  from 
the  sale  of  said  lands  shall  be  forever  kept  as  a  fund  for  the  said  School 
of  Mines,  no  part  of  the  principal  of  which  shall  ever  be  expended 
for  any  purpose  whatever,  but  the  income  of  said  fund  may  be  used 
under  the  direction  of  the  Board  of  Trustees  for  the  general  purposes 


STATE  OF  MONTANA.  19 


of  the  school.  No  funds  of  the  School  of  Mines  shall  ever  be  directly 
or  indirectly  loaned  to  the  Chairman  or  any  of  the  Trustees,  Pro- 
fessors or  other  officers  of  the  school.  The  permanent  funds  of  the 
school  shall  be  invested  by  the  Board  of  Trustees,  first  in  bonds  of 
the  State  of  Montana  if  such  are  to  be  had,  but  if  not,  then  in  bonds 
of  the  United  States,  and  said  funds  shal  not  be  invested  in  any  other 
manner  or  upon  any  other  securities  whatever. 

Section  1585.  All  donations  of  money,  scurities  or  other  prop- 
erty, shall  be  conveyed  to  the  Board  of  Trustees  of  the  school  and  in- 
vested as  other  funds  of  the  school. 

Section  1586.  The  said  Board  of  Trustees  shall  require  the  Treas- 
urer of  the  School  of  Mines  to  give  such  bonds  as  they  may  deem 
sufficient  to  protect  said  institution  against  loss  of  any  funds  which 
may  come  into  his  hands  as  such  Treasurer,  conditioned  for  the  safe 
keeping  and  faithful  disbursement  thereof,  and  the  said  Treasurer  of 
the  School  of  Mines  shall  not  pay  out  any  of  the  fund's  which  shall 
come  into  his  hands  as  such  Treasurer,  except  under  the  order  of  the 
Chairman  of  the  School  of  Mines,  countersigned  by  the  Secretary 
thereof. 

Section  1587.  It  shall  be  lawful  for  the  Professor  or  President  of  the 
School  of  Mines,  who  shall  be  appointed  by  the  said  Board  of  Trust- 
ees, to  charge  and  collect  such  reasonable  fees  for  any  and  all  assays 
and  analyses  made  by  them,  as  the  said  Board  may  prescribe,  an  ac- 
count of  which  shall  be  kept  by  said  President  and  paid  over  monthly 
to  the  Treasurer  of  said  School  of  Mines,  which  shall  become  a  part 
of  the  School  of  Mines  fund. 

Section  1588.  The  Board  of  Trustees  are  hereby  prohibited  from 
creating  any  debt  as  against  the  School  of  Mines,  buildings,  machinery 
or  appliances,  or  in  any  manner  incumbering  the  same,  or  of  incurring 
any  expense  beyond  their  ability  to  pay  from  the  annual  income  of 
the  School  of  Mines  for  the  current  year. 

Section  1589.  The  Board  of  Trustees  are  empowered  to  select  a 
President  and  Faculty,  and  such  Professors  and  teachers  as  may  be 
necessary  to  properly  conduct  the  said  School  of  Mines,  and  the  Presi- 
dent so  selected  shall  be  the  President  of  the  Faculty  and  Board  of 
and  disposed  of  as  other  property  or  funds  provided  for  said  School. 
Teachers  employed  for  said  school. 

Section  1590.  The  Board  of  Trustees  are  authorized  to  accept  any 
donations  of  land,  money  or  other  property  offered  for  the  use  and 
benefit  of  said  School  of  Mines,  and  to  take  proper  deeds  or  convey- 
ances of  the  same  in  their  own  name  for  the  sole  and  exclusive  use  of 
said  school,  such  donations,  gifts  or  bequests  to  be  invested,  used 


20  GENERAL,  SCHOOL  LAW 

CHAPTER  IV. 

AGRICULTURAL,  COLLEGE  OF  MONTANA. 

Section  1622.  Establishment  and  location. 

Sec.      1623.  Selection  of  site. 

Sec.      1624.  Control  of  College. 

Sec.      1625.  Executive  Board. 

Sec.      1626.  Officers  of  College. 

Sec.      1627.  Secretary   and   Treasurer  of  Board. 

Sec.      1628.  Agricultural  Experiment  Station. 

Sec.      1629.  Management  of  Station. 

Section  1622.  The  Agricultural  College  of  the  State  of  Montana 
is  established  and  located  at  the  City  of  Bozeman,  or  within  three  (3) 
miles  of  the  corporate  limits  of  said  City,  upon  such  tract,  or  tracts  of 
land,  conforming  in  the  aggregate  not  less  than  eighty  (80)  acres, 
and  as  much  more  as  shall  be  selected  by  the  State  Board  of  Education 
as  hereinafter  provided;  and  said  College  has  for  its  leading  objects  and 
purposes,  without  excluding  other  scientific  and  classical  studies,  and  in- 
cluding military  tactics,  to  teach  such  branches  of  learning  as  are  re- 
lated to  agriculture  and  the  mechanic  arts,  in  such  manner  as  the 
State  Board  of  Education,  and  any  subordinate  Boards  by  such  State 
Board  appointed,  may  prescribe. 

Section  1623.  It  shall  be  the  duty  of  the  State  Board  of  Education, 
within  ninety  (90)  days  from  the  date  of  the  passage  of  this  Act,  if 
then  organized,  but  if  not  organized  then  within  ninety  (90)  days  from 
the  organization  of  the  said  Board,  to  select  the  site  for  the  definite 
and  permanent  location  of  said  Agricultural  College  of  Montana  and 
Agricultural  Experiment  Station,  which  site  shall  be  at  the  City  of 
Bozeman,  or  within  three  (3)  miles  of  the  corporate  limits  of  said  City 
of  Bozeman;  and  said  State  Board  of  Education  shall  at  once  take 
steps  or  proceedings  for  procuring  the  title  to  the  tract  or  tracts  of 
land  so  selected  by  them  and  they  may  and  are  hereby  empowered  to 
enter  into  contracts  in  the  name  of  the  State  of  Montana,  for  the  pur- 
chase of  said  tract  or  tracts  of  land  so  selected,  and  may  execute  such 
obligations  for  the  payment  of  the  same  as  will  mature  when  the  prob- 
able income  from  the  fund  of  said  Agricultural  College  and  Agricul- 
tural Experiment  Station,  or  either  of  them,  will  pay  for  the  same. 
The  said  Board  of  Education  are  hereby  authorized  and  empowered 
to  accept  in  the  name  of  the  State  of  Montana  such  gifts  of  land  and 
money  as  may  be  tendered  to  aid  in  the  purchase  of  said  site,  and 
whenever  such  gifts  are  sufficient  in  amount  to  secure  or  pay  for  said 
site  they  shall  appropriate  the  same  to  that  purpose,  and  take  the 
proper  and  necessary  conveyances  of  said  tract  or  tracts  of  land  in  the 
name  of  the  State.  All  lands  and  money  acquired,  as  provided  in  this 


section,  shall  be  taken  and  held  for  the  sole  use  and  benefit  of  said 
Agricultural  College  and  said  Agricultural  Experiment  Station. 

Section  1624.  The  general  control  and  supervision  of  such  College 
is  vested  in  the  State  Board  of  Education,  which  Board  may  prescribe 
all  rules  therefor. 

Section  1625.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  State  Board  of  Education,  may  designate  and  appoint  an  Ex- 
ecutive Board,  consisting  of  five  (5)  members,  at  least  three  (3)  of 
whom  shall  be  residents  of  the  County  wherein  said  institution  is  situ- 
ated, which  Executive  Board  shall  have  the  immediate  direction  and 
control  of  the  affairs  of  said  College,  subject  only  to  the  general  super- 
vision and  control  of  said  State  Board  of  Education.  Such  Executive 
Board  shall  serve  during  the  term  of  the  State  Board  of  Education, 
unless  sooner  removed. 

Section  1626.  The  Executive  Board  is  authorized  to  choose  and 
appoint  a  President  and  Faculty  of  said  College,  who  shall  ser/e  as 
such,  for  such  time,  and  receive  such  compensation  as  the  said  Execu- 
tive Board  may  prescribe,  subject  to  the  approval  of  the  State  Board 
of  Education. 

Section  1627.  The  Executive  Board  shall  appoint  a  Secretary  there- 
of, who  may  also  act  as  Treasurer  of  said  Board  and  who  may  not  be 
a  member  thereof,  and  such  Secretary  and  Treasurer  shall  give  bond 
with  good  and  sufficient  surety  for  the  faithful  performance  of  his  du- 
ties as  such,  and  for  the  faithful  accounting  for  any  paying  over  to 
the  said  State  Board  of  Education,  to  and  for  the  use  of  said  College, 
all  moneys  received  by  him  as  Treasurer,  in  such  sum  as  said  State 
Board  of  Education  may  prescribe. 

Section  1628.  There  is  also  located  and  established  on  the  lands 
so  to  be  selected  by  the  State  Board  of  Education,  in  connection  with 
said  Agricultural  College  and  under  its  direction,  an  Agricultural  Ex- 
periment Station,  to  aid  in  acquiring  and  diffusing  among  the  people 
of  the  State  of  Montana  useful  and  practical  information  on  subjects 
connected  with  Agriculture,  and  to  promote  scientific  investigation 
and  experiments  respecting  the  principles  and  application  of  agricul- 
tural science,  which  Experiment  Station  is  established  under  and  by 
virtue  of  the  authority  contained  in  the  Act  of  Congress  entitled  "An 
Act  to  establish  Experimental  Stations  in  connection  with  the  Col- 
leges established  in  the  several  States,  under  provisions  of  an  Act  ap- 
proved July  2d,  1862,  and  the  said  Acts  supplementary  thereto,"  ap- 
proved March  2d,  1887,  and  the  provisions,  donations  and  benefits  con- 
tained in  said  Act  of  Congress,  and  in  all  other  Acts  of  Congress  re- 


22  GENERAL  SCHOOL  LAW 

lating  to  Agricultural  Experiment  Stations  and  Agricultural  Colleges, 
now  in  force,  and  all  Acts  supplementary  thereto,  or  amendatory  there- 
of, are  by  the  State  of  Montana  hereby  accepted  and  adopted. 

Section  1629.  Said  Agricultural  Experiment  Station  is  hereby 
placed  under  the  supervision  and  control  of  the  State  Board  of  Edu- 
cation, and  the  Executive  or  subordinate  Board  or  authority  who  may 
be  by  the  Governor,  by  and  with  the  consent  and  advice  of  said  State 
Board  of  Education,  appointed. 

CHAPTER  V. 

STATE  NORMAL  SCHOOL. 
Section  1652.    Established  and  located. 
Sec.      1653.    Object  of  School. 
Sec.      16.54.    Control  and  Supervision. 
Sec.      1655.    Acceptance  of  public  lands. 
Sec.      1656.    Committee  of  Buildings. 
Sections  1657  and  1658  Act  approved  February  22,  1899.) 

Section  1652.  That  there  be  and  hereby  is  established  a  State 
Normal  School  within  two  miles  of  the  corporate  limits  of  the  City  of 
Dillon,  Beaverhead  County,  Montana,  which  shall  be  callled  "The 
State  Normal  School  at  Dillon." 

Section  1653.  The  object  of  said  Normal  School  shall  be  the  in- 
struction and  training  of  teachers  for  the  public  schools  of  the  State. 

Section  1654.  The  control  and  supervision  of  such  school  is  vested 
in  the  State  Board  of  Education,  which  must  elect  a  President,  all 
teachers  and  employes,  and  prescribe  all  necessary  rules  therefor. 

Section  1655.  The  State  Board  of  Education,  herein  mentioned, 
and  their  successors,  shall  receive,  in  the  name  of  the  State  Normal 
School  hereby  established,  all  the  benefits,  of  whatsoever  nature,  that 
may  be  derived  from  the  distribution  and  selection  of  lands  contem- 
plated in  Section  17,  of  an  Act  of  Congress,  approved  February  22nd, 
1889,  entitled  "An  Act  to  provide  for  the  division  of  Dakota  into  two 
States,  and  to  enable  the  people  of  North  Dakota,  South  Dakota,  Mon- 
tana and  Washington  to  form  constitutions  and  State  governments, 
and  to  be  admitted  into  the  Union  on  an  equal  footing  with  the  origi- 
nal State  and  to  make  donations  of  public  lands  to  such  States." 

Section  1656.  The  Governor,  by  and  with  the  advice  and  consent 
of  the  State  Board  of  Education,  may  designate  and  appoint  an  ex- 
ecutive board,  consisting  of  five  members,  at  least  three  of  whom  shall 
be  residents  of  the  county  wherein  the  said  institution  is  siutated, 
which  executive  board  shall  have  the  immediate  direction  and  control 
of  the  affairs  of  said  school,  subject  only  to  the  general  supervision  of 


STATE  OF  MONTANA.  23 


the  State  Board  of  Education,  and  such  executive  board  shall  serve 
during  the  term  of  the  State  Board  of  Education,  unless  sooner  re- 
moved by  the  Governor.  The  Executive  Board  is  authorized  to 
choose  and  appoint  a  President  and  faculty  of  said  School,  who  shall 
serve  as  such  for  such  time  and  receive  such  compensation  as  the  ex- 
ecutive board  may  prescribe,  subject  however  at  all  times  to  the  ap- 
proval of  the  State  Board  of  Education.  The  Executive  Board  shall 
appoint  a  secretary  thereof,  who  may  also  act  as  treasurer  of  the  said 
board,  and  who  may  not  be  a  member  thereof,  and  such  secretary  and 
treasurer  shall  give  a  bond  with  good  and  sufficient  surety  for  the 
faithful  performance  of  his  duties  as  such,  and  for  the  faithful  account- 
ing for  and  paying  over  to  the  State  Board  of  Education,  to  and  for 
the  use  of  said  school,  all  moneys  received  by  him  as  treasurer,  in  such 
sum  as  said  State  Board  of  Education  may  prescribe.  The  said  State 
Board  of  Education  is  hereby  authorized  and  empowered  to  accept 
for  and  on  account  of,  and  for  the  use  and  benefit  of  the  said  Normal 
School,  any  bequests  and  donations  to  the  State,  made  for  the  use 
and  benefit  of  said  school. 

(Sec.  1656  Act  approved  March  4,  1897.) 

Section  1657.  All  graduates  of  the  State  Normal  School  who  have 
completed  and  graduated  in  the  professional  course  of  the  three  year's 
course  of  said  school  and  received  a  diploma,  certifying  that  either 
of  the  said  courses,  has  been  completed,  shall,  on  the  registry  of  said 
diploma  in  the  office  of  the  State  Superintendent  of  Public  Instruction, 
be  entitled  to  teach  in  the  public  schools  of  the  State  of  Montana  with- 
out other  or  further  examination,  for  the  term  of  three  years  after 
such  graduation  and  such  graduates  shall,  on  furnishing  to  the  State 
Board  of  Education  satisfactory  evidence  of  having  successfully  taught 
in  the  public  schools  of  the  State  for  a  term  of  two  years,  be  entitled 
to  receive  from  said  Board  a  life  diploma. 

Section  1658.  All  graduates  of  the  said  State  Normal  School  who 
have  completed  and  graduated  in  the  four  years  course  of  said  school 
and  received  a  diploma,  certifying  that  said  course  has  been  completed, 
shall,  on  the  registry  of  said  diploma  in  the  office  of  the  State  Super- 
intendent of  Public  Instruction,  be  entitled  to  teach  in  the  public 
schools  of  the  State  of  Montana,  without  other  or  further  examination, 
for  a  term  of  three  years  after  such  graduation,  and  on  furnishing  to 
the  State  Board  of  Education  satisfactory  evidence  of  having  success- 
fully taught  in  the  public  schools  of  Montana  for  a  period  of  one  year, 
shall  be  entitled  to  receive  from  such  Board  a  life  diploma. 


24  GENERAL  SCHOOL  LAW 

CHAPTER  VI. 

PUBLIC   SCHOOLS. 

Article. 

I.    Superintendent  of  Public  Instruction. 
II.    County  Superintendent  of  Schools. 

III.  School  Districts. 

IV.  Election  of  School  Trustees. 
V.    Board  of  Trustees. 

VI.  District  Clerks. 

VII.  Teachers. 

VIII.  Schools. 

IX.  Pupils. 

X.  Duties  of  the  County  Treasurer. 

XI.  Duties  of  the  County  Clerk,  Clerk  of  the  District  Court  and  the  Justices  of 

the  Peace. 

XII.  Teachers'  Institutes. 

XIII.  Examinations    and    Certificates. 

XIV.  Compulsory  Attendance. 

XV.  City  Superintendent  of  Schools. 

XVI.  School  Funds. 

XVII.  Bonds. 

XVIII.  Vacancies. 

XIX.  Tree  Planting. 

XX.  School  Libraries. 

XXI.  Miscellaneous. 

ARTICLE  I. 

STATE  SUPERINTENDENT    OF  PUBLIC  INSTRUCTION. 

Sec.  Sec. 

1700.  Election,  qualification,  oath  and  bond.    1709.  Same.  School  laws. 

1701.  Duties.  1710.  Same.    Seal. 

1702.  General  powers.  1711.  Same.       Institutes. 

1703.  Duty.    Blanks.  1712.  Same.    Report. 

1704.  Same.    Examinations.  1713.  Same. 

1705.  Sanre.    Course  of  study.  1714.  Apportionment   of  school   fund. 

1706.  Same.    Institute  rules.  1715.  Clerk.    Salary. 

1707.  Same.    County  Superintendents.  1716.  Superintendent's  Salary. 

1708.  Same.    Records.  1717.  Expenses. 

Section  1700.  There  shall  be  chosen  by  the  qualified  electors  of  the 
State  at  the  time  and  place  of  voting  for  members  of  the  Legislature, 
a  Superintendent  of  Public  Instruction,  who  shall  have  attained  the 
age  of  thirty  years  at  the  time  of  his  election  and  shall  have  resided 
within  the  State  two  years  next  preceding  his  election,  and  is  the 
holder  of  a  State  certificate  of  the  highest  grade,  issued  in  some  State, 
or  is  a  graduate  of  some  reputable  university,  college  or  normal  school. 
He  shall  hold  his  office  at  the  seat  of  government  for  the  term  of  four 
years  from  the  first  Monday  in  January  following  his  election,  and  un- 
til his  successor  is  elected  and  qualified.  Before  entering  upon  his 
duties  he  shall  take  the  oath  of  civil  officers  and  give  a  bond,  in  the 


STATE  OF  MONTANA.  2» 


penal  sum  of  ten  thousand  dollars,  with  not  less  than  two  sureties,  to 
be  approved  by  the  Governor  and  Attorney  General. 

Section  1701.  The  Superintendent  shall  preserve  in  his  office  all 
books,  maps,  charts,  works  on  education,  school  reports  and  school 
laws  of  other  States  and  cities,  plans  for  school  buildings,  and  other 
articles  of  educational  interest  and  value,  which  may  come  into  his 
possession  as  such  officer,  and,  at  the  expiration  of  his  term,  shall  de- 
liver them,  together  with  the  reports,  statements,  records  and  archives 
of  his  office  to  his  successor. 

Section  1702.  He  shall  have  the  general  supervision  of  the  public 
schools  of  the  State. 

Section  1703.  He  shall  prepare,  cause  to  be  printed  and  furnish  to 
the  proper  officers  or  persons  all  school  registers,  reports,  statements, 
notices  and  blanks  for  returns  needed  or  required  to  be  used  in  the 
schools  or  by  the  school  officers  in  the  State.  He  shall  prepare  and 
furnish  to  school  officers,  through  the  County  Superintendents,  lists  of 
publications  approved  by  him  as  suitable  for  school  libraries;  such 
lists  shall  contain  also  the  lowest  price  at  which  each  publication  can 
be  purchased  and  the  terms.  He  shall  also  prescribe  rules  and  in- 
structions for  the  proper  care  and  use  of  school  libraries  and  such 
other  information  relative  thereto  as  he  shall  think  needful. 

Section  1704.  He  shall  prepare  all  questions  to  be  used  in  the  ex- 
amination of  applicants  for  teachers'  county  certificates,  and  prescribe 
the  rules  and  regulations  for  conducting  all  such  examinations. 

Section  1705.  He  shall  prepare  and  prescribe  a  course  of  study  for 
all  the  public  schools  of  the  State. 

Section  1706.  He  shall  prescribe  rules  and  regulations  for  the  hold- 
ing of  teachers'  institutes. 

Section  1707.  He  shall  counsel  with  and  advise  County  Superin- 
tendents upon  all  matters  involving  the  welfare  of  the  schools;  he  shall, 
when  requested/give  them  written  answers  to  all  questions  concern- 
ing the  school  law.  He  shall  decide  all  appeals  from  the  decision  of 
the  County  Superintendents,  and  may  for  such  decision  require  affi- 
davits, verified  statements  or  sworn  testimony  as  to  the  facts  in  issue. 
He  shall  prescribe  and  cause  to  be  enforced  ruls  of  practice  and  regu- 
lations pertaining  to  the  hearing  and  determining  of  appeals  and  ne- 
cessary for  carrying  into  effect  the  school  laws  of  the  State. 

Section  1708.  He  shall  keep  a  record  of  his  official  acts  and  shall 
file  in  his  office  all  appeals  and  papers  pertaining  thereto. 

Section   1709.       He  shall  at  least  once  in  four  years  cause  to  be 


GENERAL  SCHOOL  LAW 


printed  the  school  laws  of  the  State,  with  such  notes  and  decisions 
thereon  as  may  seem  to  him  advisable,  and  shall  furnish  them  as  they 
are  needed  to  the  school  officers  in  the  State. 

Section  1710.  He  shall  provide  and  keep  a  seal,  which  shall  be  the 
official  seal  of  the  State  Superintendent  of  Public  Instruction  and  by 
which  all  of  his  official  acts  may  be  authenticated. 

Section  1711.  He  shall  attend  and  assist  at  teachers  institutes  and 
aid,  and  encourage  generally,  teachers  in  qualifying  themselves  for 
the  successful  discharge  of  their  duties.  He  shall  also  as  far  as  he 
shall  find  practicable  address  public  assemblies  on  subjects  pertaining 
to  public  schools,  and  shall  labor  faithfully  in  all  practicable  ways  for 
the  welfare  of  the  public  schools  of  the  State  and  shall  perform  such 
other  duties  as  shall  be  required  of  him  by  the  law. 

Section  1712.  He  shall,  on  or  before  the  first  day  of  December  pre- 
ceding the  bi-ennial  session  of  the  Legislative  Assembly,  make  and 
transmit  to  the  Governor  a  report,  showing: 

First.  The  number  of  districts;  schools,  teachers  employed  and 
pupils  taught  therein,  and  the  attendance  of  pupils  and  studies  pursued 
by  them. 

Second.  The  financial  condition  of  the  schools,  their  receipts  and 
expenditures,  value  of  school  houses  and  property,  cost  of  tuition  and 
wages  of  teachers. 

Third.  The  condition,  educational  and  financial,  of  the  Normal  and 
higher  institutions  connected  with  the  school  system  of  the  State,  and, 
as  far  as  it  can  be  ascertained,  of  the  private  schools,  academies  and 
colleges  of  the  State. 

Fourth.  Such  general  matters,  information  and  recommendations 
relating  to  the  educational  interests  of  the  State  as  he  may  deem  im- 
portant. 

Section  1713.  Fifteen  hundred  copies  of  the  report  of  the  Super- 
intendent of  Public  Instruction  shall  be  printed  biennially  in  the  month 
of  December  preceding  the  session  of  the  Legislative  Assembly.  Two 
copies  shall  be  furnished  to  each  of  the  members  of  the  Legislative 
Assembly,  one  copy  to  each  County  Superintendent  of  the  State,  one 
copy  to  the  clerk  of  each  school  board,  two  to  each  State  officer,  one 
to  each  State  and  Territorial  Superintendent;  fifty  copies  shall  be 
filed  in  the  office  of  the  Superintendent  of  Public  Instruction  and  ten 
in  the  State  Historical  Library.  The  balance  shall  be  distributed 
among  the  various  colleges,  university  and  other  libraries  of  the  United 
States. 


STATE  OF  MONTANA.  27 


Section  1714.  He  shall,  between  the  first  and  tenth  days  of  Feb- 
ruary of  each  year,  apportion  the  State  School  Fund  among  the  sev- 
eral counties  of  the  State  in  proportion  to  the  number  of  children  of 
school  age  in  each,  as  shown  by  the  last  enumeration  authorized  by 
law.  It  shall  be  the  duty  of  the  State  Board  of  Land  Commissioners 
to  notify  the  StateAuditor  on  or  before  the  tenth  day  of  January  of 
each  year  the  amount  of  the  State  School  Fund  subject  tcmpportionment ; 
and  the  said  Auditor  immediately  upon  receipt  of  such  notification 
shall  issue  his  warrant  on  the  State  Treasurer  for  the  said  amount. 
Thereupon  the  State  Treasurer  shall  certify  said  apportionment  to  the 
several  county  treasurers  not  later  than  the  first  Monday  in  March; 
Provided,  That  the  several  county  treasurers  have  fully  complied  with 
Section  183  of  "An  Act  Concerning  Revenue,"  approved  March  6th, 
1891 ;  in  which  case  the  county  treasurers,  upon  receiving  notice  from 
the  State  Treasurer  of  the  amounts  due  their  counties  from  the  State 
School  Fund,  may  deduct  said  amount  from  the  amount  found  due  the 
State  by  their  counties  and  remit  the  balance  to  the  State  Treasurer. 
The  Superintendent  of  Public  Instruction  shall  certify  to  the  county 
superintendent  of  schools  of  each  county  the  amount  apportioned  to 
that  county. 

Section  1715.  The  Superintendent  of  Public  Instruction  shall  have 
power  to  appoint  one  clerk,  who  shall  receive  an  annal  salary  of  fif- 
teen hundred  dollars,  and  shall  perform  such  duties  pertaining  to  the 
office  as  the  Superintendent  may  direct.  Said  clerk  shall  also  perform 
the  duties  of  the  clerk  of  the  State  Board  of  Education. 

Section  1716.  The  Superintendent  shall  receive  an  annual  salary 
of  twenty-five  hundred  dollars  to  be  paid  quarterly  on  the  warrant  of 
the  State  Auditor.  He  shall  also  be  paid  his  traveling  expenses  neces- 
sarily incurred  in  the  discharge  of  his  duties,  not  to  exceed  five  hun- 
dred dollars  in  any  one  year. 

Section  1717.  All  necessary  expenditures  of  money  incurred  by 
the  Superintendent  of  Public  Instruction  for  postage,  stationery,  print- 
ing and  expressage,  not  exceeding  two  hundred  and  fifty  dollars  in 
any  one  year,  shall  be  paid  by  the  State. 


28  GENERAL  SCHOOL  LAW 

ARTICLE  II. 

COUNTY  SUPERINTENDENT  OF  SCHOOLS. 

Sec.  Sec. 

1730.  Election,   Term,  Oath,   Bond,  1738.  Presides  at  institutes. 

1731.  General  Powers.  1739.  May  issue  temporary  certificates. 

1732.  Duty,  Visiting  Schools.  1740.  Annual  report. 

1733.  Same.    Blanks.  1741.  Boundaries  of  School  District. 

1734.  Same.    Record.  1742.  Office,    Stationery. 

1735.  Same.    Controversies.  1743.  Must  not  teach. 

1736.  Same.    May  administer  oaths.  1744.       Qualifications. 

1737.  Shall  apportion  school  moneys. 

Section  1730.  A  county  superintendent  of  schools  shall  be  elected 
in  each  organized  county  in  this  State  at  the  general  election  pre- 
ceding the  expiration  of  the  term  of  office  of  the  present  incumbent, 
and  every  two  years  thereafter,  who  shall  take  office  on  the  first  Mon- 
day in  January  next  succeeding  his  election,  and  hold  for  two  years, 
or  until  his  successor  is  elected  and  qualified.  The  person  so  elected 
shall  take  the  oath  or  affirmation  of  office,  and  shall  give  an  official 
bond  to  the  county  in  a  sum  to  be  fixed  by  the  board  of  county  com- 
missioners of  said  county.  The  county  commissioners  of  any  county 
shall  by  appointment,  fill  any  vacancy  that  may  occur  in  the  office  of 
county  superintendent  until  the  next  general  election:  Provided,  that 
all  persons  otherwise  qualified  shall  be  eligible  to  the  said  office  of 
county  superintendent  of  common  schools  without  regard  to  sex. 

Section  1731.  The  county  superintendent  shall  have  the  general 
supervision  of  the  public  schools  in  his  county. 

Section  1732,  He  shall  visit  every  public  school  under  his  super- 
vision at  least  once  each  official  year,  and  oftener  if  he  shall  deem  it 
necessary  to  increase  its  usefulness.  He  shall  at  such  visit  carefully 
observe  the  condition  of  the  school,  the  'mental  and  moral  instruction 
given,  the  methods  employed  by  the  teacher  in  teaching,  training 
and  drill;  the  teacher's  ability  and  progress  of  the  pupils.  He  shall 
advise  and  direct  the  teacher  in  regard  to  the  instruction,  classifica- 
tion, government  and  discipline  of  the  school  and  the  course  of  study. 
He  shall  keep  a  record  of  such  visits  and  by  memoranda  indicate  his 
judgment  of  the  teacher's  ability  to  teach  and  govern,  and  the  condi- 
tion and  progress  of  the  school,  which  shall  be  open  to  inspection  to 
any  school  trustee. 

Section  1733.  He  shall  carry  into  effect  all  instructions  of  the  State 
Superintendent,  given  within  his  authority.  He  shall  distribute  to 
the  proper  officers  and  to  teachers  all  blanks  furnished  him  by  the 
State  Superintendent  and  needed  by  such  officer  and  teachers. 


STATE  OF  MONTANA.  29 


Section  1734.  He  shall  keep  a  record  of  all  his  official  acts.  He 
shall  preserve  all  books,  maps,  charts  and  apparatus  sent  him  as  a 
school  officer,  or  belonging  to  his  office.  He  shall  file  all  reports  and 
statements  from  teachers  and  school  boards  and  sha'll  turn  them  over 
tc  his  successor  in  office. 

Section  1735,  He  shall  decide  all  matters  in  controversy  arising  in 
his  county  in  the  administration  of  the  school  law  or  appealed  to  him 
from  the  decisions  of  school  officers  or  boards.  An  appeal  may  be 
taken  from  his  decision,  in  which  case  a  full  written  statement  of  the 
facts,  together  with  the  testimony  and  his  decision  in  the  case,  shall 
be  certified  to  the  State  Superintendent  for  his  decision  in  the  mat- 
ter, which  decision  shall  be  final,  subject  to  adjudication  or  the  proper 
legal  remedies  in  the  State  courts. 

Section  1736.  The  county  superintendent  shall  have  power  to  ad- 
minister oaths  of  office  to  all  subordinate  school  officers,  and  to  wit- 
nesses, and  to  examine  them  under  oath  in  case  of  appeal,  of  peti- 
tion, of  revoking  the  certificate  of  a  teacher,  and  in  all  controversies 
and  questions  arising  in  the  administration  of  the  school  laws  brought 
or  coming  before  him  for  opinion,  order  or  decision ;  but  he  shall  not 
receive  pay  for  administering  such  oaths. 

.  Section  1737.  The  county  superintendent  shall  apportion  all  school 
moneys  to  the  school  districts  in  accordance  with  the  provisions  of  this 
title  quarterly,  and  he  may  make  apportionments  at  such  other  times  as 
may  be  required  or  deemed  necessary  for  the  convenience  of  school 
officers.  He  shall  certify  to  the  several  district  clerks  and  county 
treasurers  the  amount  so  apportioned  to  the  several  districts,  and  the 
trustees  shall  draw  their  warrants  on  the  county  treasurer  in  favor 
of  persons  entitled  to  receive  the  same.  Such  warrant  shall  show  for 
what  purpose  the  money  is  required,  and  no  such  warrant  shall  be 
drawn  unless  there  is  money  in  the  treasury  to  the  credit  of  such  dis- 
trict. 

Section  1738.  He  shall  preside  over  all  teachers'  institutes  held  in 
his  county,  and  shall  elect  suitable  persons  to  instruct  therein  from 
the  list  of  teachers  commissioned  by  the  State  Board  of  Education. 

Section  1739.  He  shall  have  power  to  issue,  if  he  deem  it  proper 
to  do  so,  temporary  certificates,  valid  until  the  next  regular  examina- 
tion to  persons  holding  certified  tes  of  like  grade  granted  in  other  coun- 
ties, or  upon  any  certificates  or  diplomas  possessed  by  the  applicant 
showing  his  fitness  for  the  profession  of  teaching:  Provided,  that  no 
person  shall  be  entitled  to  receive  such  temporary  certificate  more  than 
once  in  the  same  countv. 


30  GENERAL,  SCHOOL  LAW 

Section  1740.  He  shall,  on  or  before  the  first  day  of  November 
each  year,  make  and  transmit  an  annual  report  to  the  Superintendent 
of  Public  Instruction,  containing  such  statistics,  items  and  statements, 
relative  to  the  schools  of  the  county,  as  may  be  required  and  prescribed 
by  the  Superintendent  of  Public  Instruction.  Such  reports  shall  be 
made  upon  and  conform  to  the  blanks  furnished  by  the  Superintend- 
ent of  Public  Instruction  for  that  purpose.  He  shall  not  be  paid  his 
salary  for  the  last  month  in  his  official  year  until  he  presents  to  the 
county  commissioners  the  receipt  of  the  Superintendent  of  Public  In- 
struction for  such  annual  report.  «, 

Section  1741.  The  county  superintendent  shall  inquire  and  ascer- 
tain whether  the  boundaries  of  school  districts  in  his  county  are  defi- 
nitely and  plainly  described  in  the  records  of  the  board  of  county  com- 
missioners, and  to  keep  in  his  office  a  full  and  correct  transcript  of  such 
boundaries.  In  case  the  boundaries  of  districts  are  conflicting,  or 
are  incorrectly  described,  he  shall  change,  harmonize  and  describe 
them,  and  make  a  report  of  such  action  to  the  commissioners;  and  on 
being  ratified  by  the  commissioners  the  boundaries  and  descriptions 
so  made  shall  be  the  legal  boundaries  and  descriptions  of  the  dis- 
tricts of  that  county.  The  county  superintendent  shall  furnish  the 
several  district  clerks  with  descriptions  of  the  boundaries  of  their 
respective  districts. 

Section  1742.  The  county  superintendent  may  provide  for  himself 
a  suitable  office  for  the  transaction  of  official  business,  when  not 
provided  therewith  by  the  county  commissioners,  and  said  commis- 
sioners shall  audit  and  pay  his  reasonable  accounts  for  the  use  and  fur- 
niture of  said  office.  They  shall  also  furnish  him  with  all  necessary 
stationery  and  postage;  Provided,  that  not  more  than  one  hundred 
and  twenty-five  dollars  a  year  shall  be  paid  by  any  county  for  office 
rent,  stationery,  postage  and  furniture;  Provided,  further,  That  when 
an  office  room  is  furnished  by  the  county  he  shall  not  exceed  fifty  dol- 
lars a  year  for  stationery  and  postage. 

Section  1743.  No  county  superintendent  shall  engage  in  teaching 
during  his  term  of  office. 

Section  1744.  No  person  shall  be  deemed  legally  qualified  for  the 
office  of  county  superintendent  unless  he  or  she  holds  a  certificate  of 
the  highest  county  grade,  is  a  citizen  of  the  United  States,  has  resided 
one  year  next  preceding  the  election  in  this  State  and  one  year  in  the 
county  in  which  he  is  a  candidate  and  has  had  twelve  months  success- 
ful experience  in  teaching  in  the  public  schools  of  this  State.  Provided, 
That  in  case  a  certificate  held  by  any  of  the  present  incumbents  of  the 


STATE  OF  MONTANA.  31 


office  of  county  superintendents  shall  expire  during  the  term  of  such 
superintendent,  such  person  may  apply  to  the  superintendent  of  the 
the  nearest  county  for  a  certificate,  as  provided  by  law;  and  in  case 
a  certificate  shall  be  refused  the  party  feeling  grieved  thereby  may  ap- 
peal to  the  Superintendent  of  Public  Instruction,  who  may,  upon  ex- 
amination of  said  person,  determine  whether  a  certificate  shall  be 
granted. 

ARTICLE  III. 

SCHOOL  DISTRICTS. 
Sec.  Sec. 

1750.  School  District  Denned.  1755.    District  in  Two  Counties. 

1751.  Organization  of  New  District.  1756.    District   Deprived     of     Apportion- 

1752.  District  Boundaries.  ment  in  certain  cases. 

1753.  Apportionment  of  Moneys  to  New       1757.    Same. 

Districts.  1758.    Same. 

1754.  Division  of  District  Funds  and  Prop-    1759.    Powers  as  Body  Corporate. 

erty.  1760.    When  District  May  be  Created. 

Section  1750.  The  term  "school  district,"  as  used  in  this  title  is  de- 
clared to  mean  the  territory  under  the  jurisdiction  of  a  single  board, 
designated  as  "board  of  trustees,"  and  shall  be  organized  in  form  and 

manner  as  hereinafter  provided,  and  shall  be  known  as  district  No. 

of—  — county;  Provided,  That  all  school  districts  now  existing,  as 
shown  by  the  records  of  the  County  Superintendents,  are  hereby  recog- 
nized as  legally  organized  districts. 

Section  1751.  For  the  purpose  of  organizing  a  new  district,  a 
petition  in  writing  shall  be  made  to  the  county  superintendent,  signed 
by  the  parents  or  guardians  of  at  least  ten  census  children,  between 
the  ages  of  six  and  twenty-one  years,  residing  within  the  boundaries 
of  the  proposed  new  district,  and  residing  at  a  greater  distance  than 
two  miles  from  any  school  house,  which  petition  shall  describe  the 
boundaries  of  the  proposed  new  district,  and  give  the  names  of  all 
children  of  school  age  residing  within  the  boundaries  of  the  proposed 
new  district,  at  the  date  of  presenting  said  petition.  The  county  super- 
intendent shall  give  notice  to  parties  interested  by  posting  notices  at 
least  ten  days  prior  to  the  time  appointed  by  him  for  considering  said 
petition,  in  at  least  three  of  the  most  public  places  in  the  proposed 
new  district  ,  and  one  on  the  school  house  then  in  one  of 
the  most  public  places  of  said  old  district,  and  shall  on  the  day  fixed 
in  the  notice  proceed  to  hear  said  petition,  and  if  he  deem  it  advisable 
to  grant  the  petition  he  shall  make  an  order  establishing  said  district 
and  describing  the  boundaries  thereof,  from  which  order  an  appeal 
may  be  taken  by  three  resident  taxpayers  of  said  new  district  to  the 


32  GENERAL  SCHOOL  LAW 

board  of  county  commissioners  within  thirty  days,  and  their  decision 
shall  be  final;  Provided,  That  should  the  county  superintendent  refuse 
to  make  an  order  establishing  said  new  district  an  appeal  may  be 
taken  by  three  resident  taxpayers  of  said  new  district  in  the  manner 
hereinbefore  described. 

Section  1752.  The  boundaries  of  any  district  cannot  be  changed 
except  in  forming  new  districts,  unless  a  majority  of  heads  of  families 
residing  on  the  territory  which  it  is  proposed  to  transfer  or  include 
present  a  petition  in  writing  to  the  county  superintendent,  which  peti- 
tion shall  describe  the  change  which  it  is  proposed  to  have  made.  It 
shall  also  state  the  reason  for  desiring  said  change  and  the  number  of 
children  of  school  age  residing  on  the  territory  to  be  transferred  or 
included.  The  county  superintendent  shall  file  said  petition  in  his 
office,  and  shall  give  notice  to  parties  interested  by  posting  notices  at 
least  ten  days  prior  to  the  time  appointed  for  considering  said  peti- 
tion, one  of  which  shall  be  in  a  public  place  in  the  territory  which  it  is 
proposed  shall  be  annexed  or  transferred,  and  one  on  the  door  of  the 
school  house  in  each  district  affected  by  the  change,  or  if  there  be  no 
school  house  in  such  district,  then  in  some  public  place  of  each  district 
effected  by  the  proposed  change,  or  if  there  be  no  place  in  such  dis- 
trict or  districts,  and  at  the  time  stated  in  said  notices  he  shall  proceed 
to  hear  said  petition  and  if  he  deem  it  advisable,  he  shall  grant  the 
same  and  make  an  order  fixing  the  boundaries,  and  unless  an  appeal 
be  taken  to  the  board  of  county  commissioners  within  thirty  days  upon 
a  hearing  thereof  the  decision  of  said  board  shal  Ibe  final.  All  of  the 
papers,  documents,  and  records  in  the  case  shall  be  certified  to  the  coun- 
ty commisioners  for  their  determination  of  the  matter  on  appeal ;  Pro- 
vided, That  two  or  more  districts  lying  contiguous  may  upon  a  petition 
of  a  majority  of  the  heads  of  families  residing  in  each  of  said  district 
presented  to  the  county  superintendent  in  writing,  be  united  to  con- 
stitute but  one  district;  Provided,  further,  That  joint  districts,  (dis- 
tricts lying  partly  in  one  county  and  partly  in  another)  may  be  formed 
in  the  same  manner  as  other  new  districts  are  formed,  except  that 
the  petition  herein  provided  for  must  be  made  to  the  county  superin^ 
tendent  of  each  county  affected;  but  in  the  case  of  joint  districts,  all  of 
the  provisions  herein  enumerated  for  the  formation  of  a  new  district 
must  be  by  concurrent  action  of  the  superintendent  of  each  county 
affected. 

Section  1753.  No  new  district  formed  by  the  sub-division  of  an 
old  one  shall  be  entitled  to  any  share  of  public  money  belonging  to 
the  old  district,  until  a  school  has  actually  been  taught  one  month  in  the 
new  district,  and  unless  within  eight  months  from  the  order  of  the 


STATE  OF  MONTANA. 


county  superintendent  granting  such  new  district,  a  school  is  opened, 
the  action  making  a  new  district  shall  be  void,  and  all  elections  or 
appointments  of  trustees  or  clerks  made  in  consequence  of  such  action, 
and  all  rights  and  office  of  parties  so  elected  or  appointed  shall  cease 
and  determine. 

Section  1754.  When  a  new  district  is  formed  from  one  or  more 
old  ones,  the  school  funds  remaining  to  the  credit  of  the  district,  after 
providing  for  all  outstanding  debts,  excepting  debts  incurred  for  build- 
ing and  furnishing  school  houses,  shall  be  divided  as  follows:  The 
basis  for  the  division  of  the  school  fund  shall  be  the  school  population, 
as  shown  by  the  last  school  census  before  the  division  of  the  district  or 
districts  occurred,  and  shall  apply  to  such  funds  as  remain  to  the 
credit  of  said  old  district  or  districts  at  the  time  of  the  organization 
of  said  new  district,  and  said  district  shall  receive  funds  in  proportion 
to  its  per  cent  of  the  said  census.  In  case  of  division,  each  district  shall 
own  and  hold  all  permanent  property,  such  as  sites,  school  houses  and 
furniture  situated  within  its  boundaries.  All  division  of  funds  under 
this  provision  shall  be  made  by  the  county  superintendent,  and  when 
there  are  unpaid  special  taxes  on  the  county  tax  book,  belonging  to  a 
district  at  a  date  of  its  division,  the  county  treasurer,  upon  being  noti- 
fied of  such  division  by  the  county  superintendent,  shall  retain  all 
money  received  in  payment  of  such  special  tax,  until  the  same  shall  be 
apportioned  by  the  county  superintendent,  whose  duty  it  shall  be  to 
apportion  said  money  quarterly,  between  the  fractions  of  the  divided 
district,  according  to  the  location  of  the  property  on-  which  said  tax 
was  levied.  At  the  first  apportionment  after  the  organization  of  a 
new  district,  the  county  superintendent  shall  apportion  to  such  district 
its  per  capita  proportion  of  the  general  fund,  but  no  money,  either 
from  the  general  or  special  fund,  shall  be  paid  out  of  the  county  treas- 
ury on  account  of  such  district  until  a  school  shall  have  been  taught 
therein  one  month. 

Section  1755.  Whenever  a  district  lies  partly  in  one  county  and 
partly  in  another,  the  county  superintendent  must  apportion  to  such 
district  such  proportion  of  the  school  money  to  which  such  district 
is  entitled  as  the  number  of  school  census  children  residing  in  that 
portion  of  the  district  situate  in  his  county  bears  to  the  whole  number 
of  school  census  children  in  the  whole  district.  The  trustees  and 
teachers  of  joint  districts  must  make  to  the  superintendent  of  each 
county  in  which  the  district  is  located  the  reports  which  other  trustees 
and  teachers  are  required  to  make,  and  also  the  number  of  pupils  at- 
tending the  school  from  each  county;  and  all  other  acts  which  from 
their  nature  should  be  separately  kept  and  done,  as  if  each  portion  of 


34  GENERAL  SCHOOL  LAW 

said  joint  district  belonging  to  each  county  were  an  entire  district  in 
the  respective  counties.  The  teachers  of  such  joint  districts  shall  have 
certificates  from  the  superintendent  of  the  county  in  which  the  school 
house  is  located. 

Section  1756.  The  school  trustees  or  school  board  of  any  district 
who  shall  employ  any  teacher  in  the  public  schools  of  their  district  for 
a  period  of  more  than  three  months  or  who  shall  not  hold  a  legal  certi- 
ficate of  fitness  for  the  occupation  of  teaching,  in  full  force  and  effect, 
shall  be  deemed  guilty  of  a  misdemeanor.  Provided,  That  this  section 
shall  not  apply  to  such  trustees  as  do  not  consent  to  such  employment. 

(Sec.  1756.    Act  approved  March  8th,  1897.) 

Section  1757.  No  school  district  shall  be  entitled  to  receive  any 
apportionment  of  any  school  moneys  which  shall  not  have  maintained  a 
free  school  for  at  least  three  months  during  the  next  preceding  school 
year;  provided,  that  any  new  district,  formed  by  the  division  of  an  old 
one,  shall  be  entitled  to  its  apportionment  where  the  time  that  school 
was  maintained  in  the  old  district  before  division  and  in  the  new  one 
after  division  shall  be  equal  to  at  least  three  months. 

Section  1758.  The  trustees  of  any  school  districts  using  text-books 
other  than  those  prescribed  by  law,  (except  for  supplementary  pur- 
poses) shall  be  deemed  guilty  of  a  misdemeanor.  Provided,  That  the 
foregoing  shall  only  apply  to  those  trustees  consenting  to  the  use  of 
such  other  books. 

(Sec.  1758.    Act  approved  March  8th,  1897.) 

Sec.  1759.  Every  school  district  constituted  and  formed  as  pro- 
vided in  this  act  shall  be  and  is  hereby,  declared  to  be  a  body  corporate, 
and  under  its  own  proper  name  or  number  as  such  corporate  body  may 
sue  and  be  sued,  contract  and  be  contracted  with,  and  may  require, 
purchase  and  hold  and  use  personal  or  real  property  for  school  pur- 
poses for  the  purpose  mentioned  in  this  act  and  sell  and  dispose  of  the 
same. 

Section  1760.  No  school  district  shall  be  created  between  the  first 
day  of  March  and  the  first  day  of  September  following  of  each  year. 


STATE  OF  MONTANA. 


ARTICLE  IV. 

ELECTION  OF  SCHOOL  TRUSTEES. 

Sec.  Sec. 

1770.  Election,    number   and   term.  1779.    Challenge.    Oath. 

1771.  Board  of  County  Commissioners         1780.    Poll  and  tally  lists. 

supervise    election.  1781.  Certificate  of  election. 

1772.  Notices  of  election.    Judges.  1782.  Trustees  must  qualify. 

1773.  Polling   places.  1783.  Who   eligible  for   trustee. 

1774.  Judges  of  election.  1784.  Registry  precincts.    Agents. 

1775.  Opening  of  polls.  1785.  Arrangement  of  precincts.    Check 

1776.  Publication  of  notice  of  election.  lists. 

1777.  Qualifications  of  electors.  1786.  Expenses   of   election.    How  paid. 

1778.  Ballots.    Form  of.  1787.  Bondte   of    trustees.    Compensation. 

Section  1770.  An  annual  election  for  the  election  of  school  trus- 
tees shall  be  held  in  each  school  district  in  the  state  on  the  first  Satur- 
day in  April  in  each  year,  at  the  district  school  house  if  there  be  one, 
and  if  there  be  none,  at  a  place  designated  by  the  board  of  trustees  or 
the  county  commissioners  as  the  case  may  be.  All  districts  having  a 
population  of  twelve  thousand  or  more  are,  and  hereafter  shall  be, 
districts  of  the  first  class.  All  districts  having  a  population  of  one 
thousand  and  less  than  twelve  thousand  are  and  shall  hereafter  be  dis- 
tricts of  the  second  class,  and  all  districts  having  a  population  of  less 
than  one  thousand  are  and  hereafter  shall  be  districts  of  the  third  class. 
In  districts  of  the  first  class  the  number  of  trustees  shall  be  seven 
and  in  districts  of  the  second  class  the  number  of  trustees  shall  be  five 
and  in  districts  of  the  third  class  the  number  of  trustees  shall  be  three. 
In  school  districts  having  a  population  of  over  twenty  thousand  peo- 
ple, any  trustee  at  the  time  of  the  passage  of  this  act,  save  those  who 
are  serving  by  appointment  to  fill  vacancies,  shall  continue  to  hold  for 
the  term  of  two  years  from  the  third  Saturday  in  the  month  of  April  of 
the  year  in  which  they  were  elected,  and  those  filling  vacancies  until  the 
third  Saturday  in  April,  1899,  and  at  all  subsequent  elections  one  or 
more  trustees  as  the  case  may  be  must  be  elected,  who  shalll  each 
serve  for  a  term  of  two  years  or  until  their  successors  are  elected  or 
appointd  and  shall  have  qualified.  A  vacancy  in  the  office  of 
school  trustee  must  be  fillled  by  appointment  by  the  County  Super- 
intendent of  Schools,  subject  to  confirmation  by  a  majority  of  the 
remaining  members  of  said  Board,  if  those  remaining  constitute  a  ma- 
jority of  the  total  of  said  Board. 

(Sec.  1770.  Act  approved  March  6th,  1897,  as  amended  by  an  Act  approved 
March  3d,  1899.) 

Section  1771.  In  districts  of  the  first  class  the  election  shall  be 
under  the  supervision  of  the  Board  of  County  Commissioners  of  the 


36  GENERAL,  SCHOOL  LAW 

county  in  which  the  same  are  situated,  and  shall  be  held  and  conduct- 
ed as  hereinafter  provided. 

Section  1771.    Act  approved  March  6th,  1897.) 

Section  1772.  In  districts  of  the  second  and  third  classes,  the 
election  of  school  trustees  shall  be  held  and  conducted  under  the  super- 
vision of  the  Board  of  School  Trustees.  The  clerk  of  the  school  dis- 
trict must,  not  less  than  fifteen  days  before  the  election  required  under 
this  act,  post  notices  in  three  public  places  in  said  district,  and  .in  in- 
corporated cities  in  each  ward,  which  notices  must  specify  the  time 
and  place  of  election,  and  the  hours  during  which  the  polls  will  be 
open.  The  trustees  must  appoint  by  an  order  entered  in  their  records, 
three  qualified  electors  of  said  district^  to  act  as  judges  at  such  elec- 
tion, and  the  clerk  of  the  district  shall  notify  them,  by  mail  of  their 
appointment.  Said  judges  shall  appoint  one  of  their  number  to  act  as 
clerk  at  such  election.  If  the  judges  named  are  not  present  at  the 
time  for  opening  the  polls,  the  electors  present  may  appoint  judges  and 
the  judges  so  appointed  shall  designate  one  of  their  number  to  act  as 
clerk. 

In  the  districts  of  the  second  and  third  classes,  having  fifty  or  more 
children  of  school  age,  the  names  of  all  the  candidates  for  membership 
on  the  School  Board  must  be  received  and  filed  by  the  clerk  and  posted 
at  each  polling  place  at  least  five  days  next  preceding  the  election. 

Any  five  qualified  electors  of  the  districts  may  file  with  the  clerk 
the  nominations  of  as  many  persons  as  are  to  be  elected  to  the  School 
Board  at  the  ensuing  election. 

(Sec.  1772.    As  amended  by  Act  approved    Feb.    28th,    1899.) 

"Section  1773.  The  Board  of  County  Commissioners  shall  ,at  least 
thirty  days  before  the  annual  election  of  school  trustees,  by  an  order 
entered  upon  the  minutes  of  their  meeting,  designate  and  establish  a 
suitable  number  of  polling  places,  and  create  an  equal  number  of  elec- 
tion precincts  to  correspond,  and  define  the  boundaries  thereof." 

(Sec.  1773.    Act  approved  March  3.  1S99  amending  act  of  March  6,  1897.) 

Section  1774.  The  board  of  County  Commissoners  shall,  at  least 
ten  davs  before  the  day  of  annual  election  for  trustees  in  any  district  of 
the  first  class,  appoint  three  qualified  electors  of  the  district  for  each 
polling  place  established,  to  act  as  judges  of  election,  and  the  County 
Clerk  shall  notify  such  persons  by  mail  of  their  appointment.  Such 
judges  shall  designate  one  of  their  number  to  act  as  clerk  at  such  elec- 
tion. If  the  judges  appointed  or  any  of  them  are  not  present  at  the 
time  for  the  opening  of  the  polls,  the  electors  present  may  appoint 
judges,  who  must  be  qualified  electors  to  act  in  the  place  of  those  who 
are  absent.  The  Countv  Clerk  shall,  at  least  fifteen  davs  before  the 


STATE  OF  MONTANA.  37 


election  required  to  be  held  under  this  Act,  in  districts  of  the  first  class, 
give  notice  of  the  election  to  be  held  in  all  said  districts,  by  posting  a 
notice  thereof  in  three  public  places  in  the  district,  and  in  incorporated 
cities  and  towns  in  each  ward,  which  notices  must  specify  the  time  and 
place  of  election,  the  number  of  trustees  to  be  elected,  and  the  hours 
during  which  the  polls  will  be  open. 

(Sec.  1774.    Act  approved  March  6,  1897.) 

Section  1775.  In  districts  of  the  first  class  the  polls  must  be  open- 
ed at  eight  o'clock  A.  ML  and  kept  open  until  twelve  o'clock  M.  and 
from  one  o'clock  P.  M.  until  eight  o'clock  P.  M.  In  districts  of  the 
second  and  third  classes  the  polls  may  be  opened  for  such  length  of 
time  as  the  board  of  trustees  may  order:  Provided  that,  such  polls  must 
be  kept  open  from  two  o'clock  P.  M.  to  six  o'clock  P.  M. 

(Sec.  1775.    Act  approved  March  6,  1897.) 

Section  1776.  Whenever  in  the  judgment  of  the  board  of  county 
commissioners  the  best  interests  of  the  district  will  be  served  by  the 
publication  of  such  notices  of  election  in  some  newspaper  in  the  county, 
they  may,  by  an  order  entered  on  the  minutes  of  their  meeting,  direct 
the  County  Clerk  to  publish  the  notice  of  election  required  to  be  given 
in  districts  of  the  first  class  in  some  newspaper  in  the  county. 

(Sec.  1776.    Act  approved  March  6,  1897.) 

Section  1777.  Every  citizen  of  the  United  States  who  has  resided 
in  the  State  of  Montana  for  one  year,  and  thirty  days  in  the  school 
district  next  preceding  the  election,  may  vote  thereat.  Women  of  the 
age  of  twenty-one  years  and  upwards  who  are  citizens  of  the  United 
State,  and  who  have  resided  in  the  State  of  Montana  one  year,  and  in 
school  district  for  thirty  days  next  preceding  the  day  of  election,  may 
vote  thereat:  Provided  however  that  before  any  such  person  shall  be 
entitled  to  vote  in  any  district  of  the  first  class,  he  or  she  shall  have 
registered  as  in  this  Act  hereinafter  required. 

(Sec.  1777.    Act  approved  March  6,  1897.) 

Section  1778.  The  voting  must  be  by  ballot,  without  reference  to 
the  general  election  laws  in  regard  to  nominations,  form  of  ballot,  or 
manner  of  voting  in  districts  of  the  second  and  third  classes.  But  in 
districts  of  the  first  class  the  ballot  shall  show  the  name  or  names  of 
the  candidates  and  the  length  for  which  they  are  to  be  elected.  These 
ballots  shall  be  as  near  as  possible  in  the  following  form. 


38  GENERAL    SCHOOL    LAW 

FOR  SCHOOL  TRUSTEES. 
For  three  (3)  year  term. 

VOTE    FOR    THREE. 


JOHN  ABNER 


WILLIAM  BROWN 


ADAM  SMITH 


For  one  (i)  year  term. 

VOTE    FOR    ONE. 


GEORGE  DAVIS 


In  districts  of  the  first  class  no  person  shall  be  voted  for  or  elected 
as  trustees,  unless  he  or  she  has  been  nominated  therefor  by  a  bona 
fide  public  meeting  held  in  the  district  at  least  ten  days  before  the 
day  of  election,  and  at  which  at  least  twenty  qualified  electors  were 
present,  and  a  chairman  and  a  secretary  were  elected,  and  a  certificate 
of  such  nomination  setting  forth  the  place  where  the  meeting  was  held, 
giving  the  names  of  the  candidates  in  full,  and  if  there  are  different 
terms  to  be  filled,  the  term  for  which  such  candidate  was  nominated, 
duly  certified  by  the  chairman  and  secretary  of  such  meeting,  shall  be 
filed  with  the  county  clerk  at  least  eight  days  before  the  day  of  election. 
The  nomination  and  election  of  any  person  shall  be  void,  unless 
he  or  she  was  nominated  at  a  meeting  as  above  provided  at  which  at 
least  twenty  qualified  electors  were  present,  and  his  or  her  nomina- 
tion certified  and  filed  as  aforesaid,  and  the  county  commissioners  shall 
not  count  any  votes  cast  for  any  person,  unless  he  or  she  has  been  so 
nominated  and  a  certificate  thereof  filed  as  herein  required.  The  coun- 
ty commissioners  shall  cause  to  be  printed  ballots  of  the  form  aforesaid, 
on  which  shall  appear  the  names  of  all  persons  who  were  regularly 
nominated  and  whose  certificate  of  nomination  was  properly  filed  as 
aforesaid.  In  district  of  the  first  class  the  person  desiring  to  vote  shall, 
at  the  time  he  or  she  presents  his  or  her  ballot,  announce  his  or  hei 
name,  and  the  judges  of  election  if  they  find  such  name  on  the  official 
check  list,  or  if  not  and  he  or  she  takes  the  oath  herein  prescribed,  one 
of  the  judges  shall  take  the  ballot  and  deposit  it  in  the  ballot  box,  and 
the  clerk  shall  immediately  write  the  name  of  such  person  on  the  poll 


STATE   OF   MONTANA. 

list  and  one  of  the  judges  shall  write  opposite  the  said  name  on  the 
official  check  lists  the  word  'Voted."  Any  person  voting  at  such  elec- 
tion who  is  not  entitled  to  vote,  and  any  person  voting  more  than  once 
thereat,  shall  be  guilty  of  a  misdemeanor  and  shall  be  punished  accord- 
ingly; and  any  person  taking  a  false  oath,  shall  be  guilty  of  perjury. 
No  person  shall  be  entitled  to  vote  at  any  election  for  school  trustees 
in  any  district  of  the  first  class,  unless  his  or  her  name  shall,  on  the  day 
of  election,  appear  on  the  official  check  list  furnished  by  the  county 
clerk  to  the  judges  of  election:  Provided,  however,  that  if  any  person, 
otherwise  qualified  to  vote,  makes  oath  before  one  of  the  judges  that  he 
or  she  registered  at  any  registry  precinct  in  such  district,  naming  it,  be- 
fore a  registry  agent  giving  his  name,  to  vote  at  said  election,  and  that 
his  or  her  name  does  not  appear  correctly  on  said  check  list,  or  has 
been  omitted  therefrom,  or  that  by  reason  of  absence  or  sickness  dur- 
ing the  period  of  registration  he  or  she  was  unable  to  register,  the 
judges  of  election  shall  make  an  entry  opposite  his  or  her  name  on  the 
poll  list  to  the  effect  that  he  or  she  was  sworn  and  voted,  and  shall 
permit  him  or  her  to  vote.  The  county  commissioners  shall  provide 
for  each  election  of  trustees  double  as  many  ballots  as  there  are  voters 
registered  within  such  district.  No  other  ballot  than  that  provided  by 
the  county  commissioners  shall  be  received  by  the  judges  and  in  dis- 
tricts of  the  first  class,  where  a  daily  paper  is  issued,  the  commissioners 
shall  cause  to  be  published  in  at  least  one  paper  for  three  days  preced- 
ing the  election,  such  official  ballot,  and  in  such  districts  where  there 
is  no  daily  paper,  but  a  weekly,  the  official  ballot  shall  be  printed  at  least 
once  in  a  weekly  paper.  Trustees  must  provide  in  each  polling  place 
designated  by  them  a  sufficient  number  of  booths,  placed,  or  compart- 
ments, which  must  be  furnished  with  such  supplies  as  shall  enable  the 
elector  to  conveniently  prepare  his  or  her  ballot,  and  in  which  electors 
screened  from  observation  must  mark  their  ballots.  Guard  railing  must 
be  so  constructed  that  only  persons  within  such  railing  and  officers  of 
election  can  approach  within  ten  feet  of  the  ballot  boxes  or  the  booths 
herein  provided.  Before  delivering  any  ballot  to  an  elector  the  judges 
must  print  on  the  back  and  near  the  top  of  the  ballot,  with  a  rubber 
stamp,  the  designation  "official  ballot."  Each  qualified  elector  shall 
receive  from  the  judge  one  ballot.  The  elector  on  receiving  his  or  her 
ballot  must  forthwith  without  leaving  the  polling  place,  and  within 
the  guarded  rail  provided,  and  alone,  retire  to  one  of  the  booths  or 
compartments,  and  prepare  his  or  her  ballot,  by  marking  a  cross  before 
the  name  of  each  candidate  for  whom  he  or  she  disires  to  vote.  After 
preparing  his  or  her  ballot  the  elector  must  fold  it  so  that  the  face  of 
the  ballot  will  be  concealed,  and  so  that  the  endorsement  stamped  there- 


40  GENERAL    SCHOOL   LAW 

on  may  be  seen.  He  or  she  must  then  vote  forthwith,  and  before  leav- 
ing the  polling  place.  Any  elector  who,  because  of  physical  disability 
or  inability  to  read  the  English  language  is  unable  to  mark  his  ballot, 
may  request  one  of  the  judges  to  help  him  or  her.  Any  elector  who,  by 
accident  or  mistake  spoils  his  or  her  ballot,  may  on  returning  the  spoil- 
ed ballot  receive  another. 

(Sec.  1778.    Act  approved  March  6,  1897.) 

Section  1779.  Any  person  offering  to  vote  may  be  challenged  by 
any  elector  of  the  district,  and  the  judges  must  thereupon  administer  to 
the  person  challenged  an  oath  in  substance  as  follows:  You  do  solemn- 
ly swear  that  you  are  a  citizen  of  the  United  States;  that  you  are  twenty- 
one  years  of  age ;  and  that  you  have  resided  in  this  State  one  year,  and 
in  this  school  district  thirty  days  next  preceding  this  election,  and 
that  you  have  not  voted  this  day.  So  help  you  God.  If  he  or  she  is 
a  resident  of  a  district  of  the  second  or  third  class,  and  he  or  she  takes 
this  oath,  his  or  her  vote  must  be  received;  otherwise  rejected.  If  he  or 
she  is  a  resident  of  a  district  of  the  first  class  and  takes  this  oath,  and 
has  complied  with  the  provisions  of  this  Act,  with  reference  to  elec- 
tions therein  or  complies  herewith,  his  or  her  vote  must  be  received; 
othenvise  it  shall  berejected.  Any  person  who  shall  swear  falsely  be- 
fore any  registry  agent  or  judge  of  election,  shall  be  guilty  of  perjury 
and  shall  be  punished  accordingly. 

(Sec.  1779.    Act  approved  March  6,  1897.) 

Section  1780.  At  every  election  held  under  this  Act,  in  districts 
of  the  first  class,  a  poll  and  tally  list  shall  be  kept  by  the  judges  and 
clerk  at  each  polling  place,  and  immediately  after  the  close  of  the  polls 
the  judges  shall  count  the  ballots,  and  if  there  be  more  ballots  than 
votes  cast  the  judges  must  draw  by  lot  from  the  ballots  without  seeing 
them,  a  sufficient  number  of  ballots  to  make  the  ballots  remaining  cor- 
respond with  the  number  of  votes  cast.  The  clerk  shall  write  down 
in  alphabetical  order  in  a  poll  book  provided  for  that  purpose  the  name 
of  every  person  voting,  at  the  time  he  or  she  deposits  his  or  her  ballot. 
There  shall  also  be  provided  a  tally  list  for  each  polling  place ;  after  the 
ballots  have  been  counted  and  made  to  agree  with  the  poll  list,  the 
judges  shall  proceed  to  count  them.  The  clerk  shall  enter  in  the  tally 
list  the  name  of  every  person  voted  for  trustee,  and  the  term,  and 
tally  opposite  his  or  her  name,  the  number  of  votes  cast  for  him  or  her 
and  at  the  end  thereof  set*  down  in  a  column  provided  for  that  purpose 
the  whole  number  of  votes  he  or  she  has  received.  The  judges  and 
clerk  shall  sign  a  certificate  to  said  tally  list  setting  forth  the  whole  num- 
ber of  votes  cast  for  each  person  or  trustee,  designating  the  term,  and 
they  shall  verify  the  same  as  being  correct  to  the  best  of  their  knowledge 


STATE  OF  MONTANA,  41 


before  an  officer  authorized  to  administer  oaths.  No  informality  in  such 
certificate  shall  vitiate  the  election,  if  the  number  of  votes  received  for 
each  person  can  reasonably  be  ascertained  from  said  tally  list.  In  dis- 
tricts of  the  second  and  third  class  said  books  and  tally  lists  shall  be 
returned  to  the  board  of  trustees  of  the  district,  who  shall  canvass  the 
vote  and  cause  the  clerk  of  district,  to  issue  certificates  of  election  to 
the  person  or  persons  elected,  designating  their  term,  a  copy  of  which 
must  be  forwarded  to  the  county  superintendent  of  schools.  In  districts 
of  the  first  class  said  poll  books  and  the  tally  lists  shall  be  delivered  to 
the  county  clerk,  and  the  board  of  county  commissioners  shall  canvass 
the  votes.  School  trustees  are  hereby  authorized  to  administer  oaths 
to  the  judges  of  election,  and  the  oath  of  office  to  the  trustees  elected. 

(Sec.  1780.    Act  approved  March  6,  1897.) 

Section  1781.  The  Board  of  County  Commissioners  shall  canvass 
the  votes  of  all  districts  of  the  first  class  in  the  same  manner  that  they 
are  required  to  canvass  the  votes  at  other  elections  and  declare  the  re- 
sults. The  County  Clerk  shall  thereupon  make  out  and  mail  to  the 
person  or  persons  elected  a  certificate  of  election,  stating  the  term, 
and  shall  mail  a  copy  thereof  to  the  county  superintendent  of  schools. 

(Sec.  1781.    Act  approved  March  6,  1897.) 

Section  1782.  Trustees  elected  shall  take  office  immediately  after 
qualifying  and  shall  hold  office  for  the  term  of  three  years  and  until 
their  successors  are  elected  and  qualified,  or  appointed  by  the  county 
superintendent  of  schools  and  qualified.  Every  trustee  elected  shall 
file  his  or  her  oath  of  office  with  the  county  superintendent  of  schools. 
Any  trustee  who  shall  fail  to  qualify  within  fifteen  days  after  being  elect- 
ed shall  forfeit  all  rights  to  office,  and  the  county  superintendent  of 
schools  shall  appoint  to  fill  the  vacancy. 

(Sec  1782.    Act  approved  March  6,  1897. > 

Section  1783.  Any  person,  male  or  female,  who  is  a  qualified  voter 
at  any  election  under  this  act,  shall  be  eligible  to  office  of  school  trustee 
in  such  district. 

(Sec.  1783.    Act  approved  March  6,  1897.) 

Section  1784.  The  board  of  county  commissioners  of  every  county 
in  which  there  shall  be  a  school  district  of  the  first  class  shall,  at  least 
fifteen  days  before  the  school  election  for  the  year  1897,  and  thereafter 
at  least  twenty  days  before  the  next  annual  school  election,  by  order 
entered  on  the  minutes  of  the  board,  lay  out  such  district  into  not  less- 
than  two  nor  more  than  thirty  registry  precincts  as  may  seem  to  the 
board  most  necessary,  and  shall  define  the  boundaries  thereof,  which 
shall  be  known  as  School  Registry  Precinct  No.  i,  School  Registry  Pre- 
cinct No.  2,  and  so  on.  They  shall  at  the  same  time  the  registry  pre- 


42  GENERAL    SCHOOL    LAW 

cincts  are  established,  appoint  one  person,  male  or  female,  qualified  to 
vote  at  the  coming  election  in  such  precinct,  registry  agent  for  such 
precinct,  and  of  the  number  of  registry  agents  appointed,  they  shall 
designate  one  as  principal  registry  agent  for  said  school  district.  All 
registry  agents  shall  be  appointed  annually,  and  they  are  hereby  au- 
thorized and  empowered  to  administer  oaths  and  affirmations,  and  to 
do  such  other  acts  as  may  be  necessary  to  carry  out  the  purposes  of 
this  Act.  Before  entering  upon  the  duties  prescribed  in  this  Act,  the 
registry  agents  must  severally  take  and  subscribe  before  an  officer 
authorized  to  administer  oaths  the  constitutional  oath  of  office,  and 
file  the  same  with  the  county  clerk  of  their  respective  counties.  The 
Board  of  County  Commissioners  shall  designate  the  place  where  the 
office  of  every  registry  agent  appointed  under  this  Act  shall  be  kept, 
and  they  shall  cause  to  be  published  in  a  newspaper  in  the  district,  or 
posted  in  at  least  three  places  in  each  registry  precinct,  a  notice  of  regis- 
tration, which  shall  describe  the  boundaries  of  each  registry  precinct, 
give  the  location  of  the  office,  and  the  name  of  the  registry  agent  there- 
for, and  the  date  when,  and  the  hours  during  which  the  office  of  the 
registry  agent  will  be  open,  and  during  which  persons  residing  in  said 
precinct  may  apply  and  be  registered  therein.  This  notice  must  be  pub- 
lished or  posted  for  three  days  preceding  the  day  when  the  registration 
begins,  and  continued  until  registration  is  closed,  and  shall  be  issued 
and  signed  by  the  county  clerk.  Every  registry  agent  appointed  under 
this  Act,  shall  open  his  office  for  the  purpose  of  registering  votes  in  his 
or  her  district  on  the  tenth  day  preceding  the  day  of  the  next  annual 
election  for  school  trustees:  Provided,  said  day  be  not  Sunday  or  a  legal 
holiday;  and  should  said  day  be  Sunday  or  a  legal  holiday,  then  he  or 
she  shall  open  his  or  her  office  on  the  ninth  day  next  preceding  the  day 
of  election.  He  or  she  shall  keep  his  or  her  office  open  between  the 
hours  of  nine  A.  M.  and  twelve  M.  and  one  P.  M.  and  five  P.  M.  and 
from  six  P.  M.  until  ten  P.  M.  for  the  period  of  three  days,  not  includ- 
ing Sunday  or  a  legal  holiday  and  during  said  time  he  or  she  shall 
register  the  names  of  all  persons  residing  in  his  or  her  registry  precinct, 
qualified  and  entitled  to  vote  at  the  coming  election,  or  who  will  have 
a  vote  thereat  under  the  provisions  of  this  Act.  Registry  agents  shall 
not  sit  on  Sundays  or  legal  holidays,  and  while  not  opened  required 
to  register,  during  the  hours  of,  from  twelve  to  one  P.  M.  and  five  to  six 
P.  M.  they  may  nevertheless  do  so  if  they  desire,  each  registry  agent 
shall  be  provided  with  an  official  register.  He  or  she  shall  enter  there- 
in under  the  proper  heading,  the  number  and  date  of  registration  the 
name,  with  the  first  or  given  name  in  full  and  the  nativity  of  the  elector, 
together  with  the  number  or  a  particular  description  of  the  house,  room 


STATE  OF  MONTANA.  43 


or  building1  where  the  elector  resides  so  as  to  reasonably  identify  the 
same.  The  names  shall  be  entered  in  alphabetical  order  the  surname 
being  written  first.  Every  person  desiring  to  be  registered  for  such 
election  must  apply  to  the  registry  agent  for  the  precinct  in  which  he  or 
she  shall  reside,  at  his  or  her  office  during  the  hours  of  registration. 
No  persons  shall  be  registered  by  any  registry  agent  unless  such  per- 
son is  at  the  time  a  resident  of  his  or  her  precinct.  Every  person  apply- 
ing to  the  registry  agent  shall,  before  he  or  she  shall  be  entitled  t) 
have  his  or  her  name  registered,  take  and  subscribe  to  the  following 
oath  or  affirmation,  which  shall  be  administered  by  the  registry  agen: 
to-wit:  I  do  solemnly  swear  or  affirm  that  I  am  a  citizen  of  the  United 
States,  or  that  I  am  entitled  to  become  a  citizen  of  the  United  States, 
and  it  is  my  honest  intention  to  become  such  before  the  school  election 
day  of  this  year;  and  that  I  am  of  the  age  of  twenty-one  years,  and  will 
have  actually  and  not  constructively,  been  a  bona  fide  resident  in 
Montana  twelve  months,  and  in  the  school  district  thirty  days  next 
preceding  the  day  of  election,  and  that  I  am  not  registered  elsewhere  in 
this  school  district  for  this  election  year,  So  help  me  God.  The  registry 
books  shall  be  open  at  all  times  to  the  inspection  of  any  electors  of  the 
district. 

(Sec.  1784.    Act  approved  March  6,  1897.) 

Section  1785.  The  county  commissioners  in  establishing  the  vot- 
ing precincts  and  registry  precincts  shall  so  arrange  them  that  each 
voting  precinct  in  which  a  polling  place  shall  be  established  shall  be 
composed  of  a  certain  number  of  designated  registry  precincts.  On 
the  next  day  succeeding  that  on  which  the  rgistration  is  closed  each 
registry  agent  shall  deliver  to  the  county  clerk  of  his  or  her  county  his 
or  her  official  registry  duly  certified  by  himself  or  herself.  The  prin- 
cipal registry  agent  of  each  district  shall  immediately  enter  upon  the 
work  of  making  therefrom  official  check  lists.  He  or  she  shall  copy 
into  books  to  be  provided  for  that  purpose  and  to  be  known  as  the 
official  check  lists  for  each  election  precinct,  designating  the  number 
of  the  voting  precinct  thereon,  all  the  names  in  alphabetical  order  con- 
tained in  the  several  official  registers  which  have  been  returned  from 
the  several  registry  precincts  within  said  voting  precinct,  together  with 
the  other  entries  contained  in  the  official  registers  and  shall  complete 
the  making  of  one  official  check  list  in  such  manner  for  each  election  or 
voting  precinct  wrhich  has  been  established,  within  five  days.  The 
county  commissioners  shall  allow  him  or  her  such  assistance  as  may  be 
necessary  to  complete  such  official  check  list  within  such  time.  When 
he  or  she  has  completed  the  official  list  he  or  she  shall  verify  each  of 
them  by  his  oath  that  the  same  is  correct  according  to  his  or  her  best 


44  GENERAL    SCHOOL    LAW 

information,  knowledge  and  belief  and  deliver  the  same  with  all  official 
registers  to  the  county  clerk  who  shall  on  the  day  of  election  at  or  be- 
fore the  time  for  the  polls  to  open,  deliver  the  official  check  list  for  each 
election  precinct  or  polling  place  to  one  of  the  judges  thereof  at  such 
polling  place. 

(Sec.  1785.    Act  approved  March  6,  1897.) 

Section  1786.  All  the  expenses  necessarily  incurred  in  the  matter 
of  holding  elections  for  school  trustees  shall  be  paid  out  of  the  school 
funds  of  the  district.  For  districts  of  the  first  class  the  county  com- 
missioners shall  provide  all  the  stationery,  books  and  supplies  and  all 
bills  and  claims  therefor  and  for  the  expenses  of  such  election  shall 
be  presented  to  and  allowed  by  the  board  of  County  Commissioners 
when  audited  by  the  County  Auditor  as  other  claims,  and  said  board 
shall  thereupon  cause  the  same  to  be  certified  and  delivered  by  the 
County  Clerk  to  the  proper  board  of  school  trustees,  who  shall  cause 
the  same  to  be  paid  out  of  the  school  funds  of  the  district  as  other 
school  expenses  are  paid.  All  registry  agents  shall  receive  the  sum 
of  four  dollars  per  day  each  for  the  time  which  they  shall  be  engaged 
in  work  of  registration ;  judges  of  election  in  districts  of  the  first  class 
shall  receive  not  to  exceed  five  dollars  per  day  each  for  all  services  con- 
nected with  the  election.  Judges  of  election  in  other  districts  shall  re- 
ceive no  compensation.  The  compensation  hereby  provided  shall  be 
paid  in  the  same  manner  as  other  claims. 

(Sec.  1786.    Act  approved  March  6,  1897.) 

Section  1787.  Every  School  Trustee  in  a  district  of  the  first  class 
provided  said  District  shall  have  a  population  not  less  than  twenty 
thousand,  shall  give  an  official  bond  in  the  sum  of  ten  thousand  dollars, 
for  the  faithful  discharge  of  his  or  her  duties,  which  bond  shall  be  ap- 
proved by  the  District  Judge  and  filed  with  the  County  Clerk,  and  every 
such  trustee  shall  be  entitled  to  receive  out  of  the  school  funds  of  the 
district  the  sum  of  four  dollars  for  each  meeting  of  trustees,  which  he 
or  she  shall  attend  in  giving  the  necessary  attention  to  school  business, 
not  exceeding  however  one  meeting  each  week,  and  he  or  she  shall  re- 
ceive no  compensation  for  his  attendance  at  any  meeting  unless  he  or 
she  attends  throughout  its  entire  session.  The  compensation  here  pro  • 
vided  shall  be  audited  and  allowed  by  the  Board  of  Trustees  and  en- 
tered upon  their  records. 

(Sec.  1787.    Act  amending  Act  of  March  6,  1897,  approved  March  3,  1899.) 


STATE  OF  MONTANA.  45 


ARTICLE  V. 

BOARD  OF  TRUSTEES. 

Sec.  Sec. 

1790.  Powers.    Quorum.  1805.  Misdemeanor.    Penalty. 

1791.  Term.  1806.  Repayment  of  loans. 

1792.  Trustees  of  new  district.  1807.  Must  procure  American  flags. 

1793.  Meetings.    Organization.    Clerk.  1808.  Flags  to  be  displayed. 

1794.  Meetings,  general.  1809.  Expenses  of  flags. 

1795.  Financial  statement.  1810.  Powers  concerning  bonds. 

1796.  Chairman.    Rules.  1811.  Disposal  of  proceeds  of  bonds. 

1797.  Powers  and  duties.  1812.  District  responsible  on  bonds. 

1798.  Duties  concerning  privies.  1813.  Must  levy  tax  for  interest,  etc. 

1799.  Same.  1814.  Redemption  of  bonds. 

1800.  Penalty.  1815.  Payment  of  interest. 

1801.  Power  over  property.  1816.  Preparation  of  bonds. 

1802.  Shall  not  be  interested  in  contracts.    1817.  Felony.    Penalty. 

1803.  Liability.  1818.  Surplus  money  used  for  building. 

1804.  May  establish  high  schools. 

Section  1790.  Except  when  otherwise  authorized  by  law,  even- 
school  district  is  under  the  control  of  a  board  of  school  trustees  con- 
sisting1 of  three  members,  a  majority  of  which  constitute  a  quorum  for 
the  transaction  of  business. 

Section  1791.  The  term  of  office  of  school  trustees  is  three  years, 
from  the  third  Saturday  in  April  next  succeeding  their  election. 

Section  1792.  When  a  new  district  is  organized,  such  trustees  of 
the  old  as  reside  within  the  limits  of  the  new  one  shall  be  trustees 
in  the  new  district,  and  the  county  superintendent  must  appoint  the 
remaining  trustees  for  the  new  and  old  districts,  who  shall  hold  office 
until  the  next  annual  school  election. 

Section  1793.  The  School  Trustees  shall  meet  annually  on  the 
third  Saturday  in  April,  and  organize  by  choosing  one  of  their  number 
chairman,  and  a  competent  person,  not  a  member  of  the  Board  as 
Clerk.  In  districts  of  the  first  class,  the  clerk  before  entering  upon 
the  duties  of  his  office,  shall  be  required  to  give  an  official  bond  in  the 
sum  of  ten  thousand  dollars  conditioned  for  the  faithful  performance 
of  his  duties  and  to  be  approved  and  filed  as  other  official  bonds. 

Section  1794.  The  Board  shall  hold,  in  districts  of  the  first  class,  at 
least  one  and  not  more  than  five  meetings  each  month,  for  the  trans- 
action of  its  business;  and  in  all  districts  at  least  four  meetings  each 
year  shall  be  held,  to- wit:  On  the  third  Saturdays  of  April,  July,  Oc- 
tober and  January  at  such  places  and  hours  as  shall  be  fixed  by  the 
Board.  A  special  meeting  of  the  Board  may  be  held  upon  the  call 
of  the  chairman,  or  of  any  two  members  of  the  board.  At  least  forty- 
eight  hours  written  notice  shall  be  given  to  each  member  of  the  Board 


46  GENERAL    SCHOOL    LAW 

of  any  special  meeting,  and  no  business  transaction  by  the  Board  shall 
be  valid  unless  transacted  at  a  regular  or  special  meeting  thereof. 

(Sees.  1793-1794.    Act  approved  March  3,  1899.) 

Section  1795.  In  school  districts  in  which  the  funds  shall  equal 
or  exceed  $25,000  in  each  year,  there  shall  be  published  in  the  news- 
paper which  has  contracted  to  do  the  public  printing  in  the  county 
in  which  the  district  is  located  between  the  first  and  tenth  days  of  June 
of  each  year,  and  between  the  first  and  tenth  days  of  December  of 
each  year,  a  financial  statement,  covering  the  six  preceding  months, 
showing  in  detail  the  amount  of  money  received,  the  amount  paid  out 
and  for  what  purpose  it  was  so  paid,  and  the  balance  in  the  county 
treasurer's  hands  to  the  credit  of  the  district  at  the  time  of  the  making 
of  the  statement.  The  costs  of  such  publication  shall  be  paid  by  order 
of  the  board  of  school  trustees  out  of  their  respective  school  funds,  ana 
the  prices  paid  must  not  exceed  per  folio  that  allowed  by  the  county 
commissioners  for  the  publication  of  the  financial  statement  of  the 
county  treasurer. 

Section  1796.  The  chairman  shall  preside  at  all  the  meetings  of 
the  board,  and  shall  perform  such  duties  as  usually  pertain  to  such 
office  and  in  accordance  with  the  customary  rules  of  order. 

Section  1797.  Every  school  board  unless  otherwise  especially  pro- 
vided by  law,  shall  have  power  and  it  shall  be  its  duty: 

1.  To  prescribe  and  enforce  rules  not  inconsistent  with  law,  or  those 
prescribed  by  the  Superintendent  of  Public  Instruction  for  their  own 
government  of  schools  under  their  supervision. 

2.  To  employ  or  discharge  teachers,  mechanics  or  laborers  and  to 
fix  and  order  paid  their  wages;  to  determine  the  rate  of  tuition  of  non- 
resident pupils,  and  to  fix  the  compensation  to  be  allowed  the  clerk  for 
the  time  necessarily  spent  in  the  service  of  the  district,  as  required  by 
law,  or  as  directed  by  the  board. 

3.  To  enforce  the  rules  and  regulations  of  the  superintendent  of 
public  instruction  for  the  government  of  schools,  pupils  and  teacher 
and  to  enforce  the  course  of  study. 

4.  To  provide  for  school  furniture  and  for  everything  needed  in 
the  school  house  or  for  the  use  of  the  school  board. 

5.  To  rent,  repair  and  insure  school  houses. 

6.  To  build  or  remove  school  houses  and  to  purchase  or  sell  school 
lots  when  directed  by  a  vote  of  the  district  so  to  do. 

7.  To  hold  in  trust  for  their  district  all  real  or  personal  property, 
for  the  benefit  of  the  school  thereof. 


STATE  OP  MONTANA.  47 


8.  To  suspend  or  expel  pupils  from  school  who  refuse  to  obey  the 
rules  thereof,  and  to  exclude  from  school,  children  under  six  years  of 
age  where  the  interest  of  the  school  requires  such  exclusion. 

9.  To  provide  books  for  indigent  children  on  the  written  statement 
of  the  teacher  that  the  parents  of  such  children  are  not  able  to  pur- 
chase them. 

10.  To  require  all  pupils  to  be  furnished  with  suitable  books  as  a 
condition  of  membership  in  the  school. 

11.  To  exclude  from  school  and  school  libraries,  all  books,  tracts, 
papers  and  other  publications  of  immoral  and  pernicious  nature. 

12.  To  require  teachers  to  conform  to  the  law. 

13.  To  make  an  annual  report,  as  required  by  law,  to  the  county 
superintendent  on  or  before  the  first  day  of  October  in  each  year,  in  the 
manner  and  form  and  on  the  blanks  prescribed  and  furnished  by  the 
superintendent  of  public  instruction. 

14.  To  make  a  report  directly  to  the  superintendent  of  public  in- 
struction whenever  instructed  by  him  to  do  so. 

15.  Whenever  a  pupil  resident  in  one  district  desires  to  attend  school 
in  an  adjoining  district,  such  pupil  shall  be  permitted  to  do  so,  Pro- 
vided,that  the  board  may  refuse  pupils  from  such  dstrict  upon  the  ground 
of  insufficient  room.     That  the  board  of  trustees  shall  have  power  to 
transfer  the  school  moneys  due  by  apportionment  to  such  pupils  to  the 
district  in  which  they  may  attend  school;  and  provided  further,  That 
where  any  pupil  lives  five  miles  or  more  from  the  school  in  his  dis- 
trict such  pupil  shall  have  the  right  to  attend  any  school  which  is  nearer 
upon  petition  to  the  county  superintendent.     When  such  petition  is 
made  to  the  county  superintendent  he  or  she  shall  keep  a  record  of  the 
same  on  file  in  his  office. 

1 6.  To  determine  what  branches,  if  any,  in  addition  to  those  requir- 
ed by  law  shall  be  taught  in  any  school  in  the  district,  subject  to  the 
approval  of  the  county  superintendent. 

17.  To  visit  every  school  in  their  district  at  least  once  in  each 
term  and  to  examine  carefully  into  its  management,  condition  and  want. 
This  clause  applies  to  each  of  the  trustees. 

1 8.  To  provide  for  each  school  house  separate  out  houses  for  the 
sexes. 

(Sec.  1797.    Act  approved  March  8,  1897.) 

Section  1798.  It  is  hereby  made  the  duty  of  the  school  trustees  of 
all  school  districts  in  this  State  to  provide  separate  privies  or  out- 
houses for  the  use  of  the  sexes  at  all  school  houses  where  the  same 


48  GENERAL    SCHOOL    LAW 

do  not  exist,  and  to  see  that  the  same  are  kept  in  good  repair,  and  in 
a  clean  condition.  Such  privies  or  outhouses  must  be  located  and 
built  in  such  a  manner  as  to  secure  privacy.  In  all  cases  where  there  is 
no  fence  dividing  the  play  yards  of  the  sexes  the  privies  or  outhouses 
herein  named  shall  be  separate  and  distinct  buildings,  and  situated  at 
least  twenty  feet  apart. 

Section  1799.  It  shall  be  the  duty  of  all  trustees,  teachers,  janitor  or 
janitors  of  school  districts  to  see  that  all  privies  or  outhouses  are  kept 
in  good  repair  and  in  a  clean  condition. 

Section  1800.  Any  trustee  or  trustees,  teacher,  janitor  or  janitors 
failing  to  comply  with  the  provisions  of  .this  act  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars  or  imprisoned  in  the  county  jail 
not  exceeding  ninety  days  or  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court. 

Section  1801.  The  board  of  trustees  for  each  school  district  shall 
have  custody  of  all  school  property  belonging  to  the  district,  and  shall 
have  power  in  the  name  of  the  district  or  in  their  own  names  as  trust- 
ees of  the  district,  to  convey  by  deed  all  the  interest  of  their  district  in 
or  to  any  school  house  or  lot  directed  to  be  sold  by  vote  of  the  dis- 
trict, and  all  conveyances  of  real  estate  made  to  the  district,  or  to  the 
trustees  thereof,  shall  be  made  to  the  board  of  trustees  of  the  district 
and  to  their  successors  in  office ;  said  board  in  the  name  of  the  district 
shall  have  power  to  transact  all  business  necessary  for  maintaining 
schools  and  protecting  the  rights  of  the  district. 

Section  1802.  It  shall  be  unlawful  for  any  trustee  to  have  any  pecu- 
niary interest,  either  directly  or  indirectly,  in  any  erection  of  school 
houses,  or  for  warming,  ventilating,  furnishing  or  repairing  the  same, 
or  to  be  in  any  manner  connected  with  the  furnishing  of  supplies  for 
the  maintenance  of  the  schools  or  to  receive  or  to  accept  any  compensa- 
tion or  reward  for  services  rendered  as  trustee. 

Section  1803.  Any  board  of  trustees  shall  be  liable  as  trustees,  in 
the  name  of  the  district,  for  any  judgment  against  the  district,  for  any 
salary  due  any  teacher  on  contract,  and  for  all  debts  legally  contracted 
under  the  provisions  of  this  title,  and  they  shall  pay  such  judgments  or 
liabilities  out  of  the  school  moneys  to  the  credit  of  such  district. 

Section  1804.  Whenever  the  interests  of  the  district  requires  it  the 
board  of  trustees  may  establish  a  high  school,  employ  a  principal 
teacher  and  subordinate  teachers,  and  grade  the  school  into  depart- 
ments and  classes. 


STATE  OF  MONTANA.  49 


Section  1805.  When  any  school  officer  is  suspended  by  election  or 
otherwise  he  shall  immediately  deliver  to  his  successor  in  office  all 
books,  papers  and  moneys  pertaining  to  his  office;  and  such  officer 
who  shall  refuse  to  do  so,  or  who  shall  wilfully  mutilate  or  destroy  any 
such  books  or  papers,  or  any  part  thereof,  or  shall  misapply  any  mon- 
eys entrusted  to  him  by  virtue  of  his  office,  shall  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  a  fine,  in  the  discretion  of  the 
court,  not  exceeding  one  hundred  dollars. 

Section  1806.  Whenever  heretofore  money  has  been  loaned  or  ad- 
vanced to  the  board  of  school  trustees  of  any  school  district  for  the 
erection  of  a  school  house  or  school  houses  therein  by  any  person  or 
corporation  in  reliance  upon  the  proceeds  of  the  sales  of  bonds  for  the 
repayment  of  the  same,  the  issuance  of  which  bonds  have  been  voted 
for  by  a  majority  of  the  electors  of  such  district,  voting  at  an  election 
held  for  the  purpose  of  authorizing  the  issuance  of  the  same  for  the 
erection  of  a  school  house  or  school  houses,  which  said  money  has 
been  used  by  such  board  of  school  trustees  in  the  erection  of  a  school 
house  or  school  houses  in  such  district,  but  which  bonds  when  issued 
have  been  adjudged  and  held  to  be  void  or  invalid  by  the  Supreme 
Court  of  the  state,  the  money  so  loaned  or  advanced  may  be  repaid, 
together  with  interest  thereon  covering  the  period  for  which  interest 
has  not  been  paid,  at  the  rate  specified  in  said  bonds  so  held  to  be 
void;  said  payment  to  be  made  by  the  board  of  school  trustees  to  the 
person  or  corporation  who  or  which  had  loaned  or  advanced  the  same, 
from  the  proceeds  of  the  sale  of  any  bonds  thereafter  issued  for  the 
purpose  of  building  one  or  more  school  houses  in  said  district,  or  for 
any  other  school  purposes. 

Section  1807.  That  the  trustees  of  the  several  school  districts  of  the 
State  of  Montana  shall,  within  ninety  days  from  the  passage  of  this  act, 
procure  by  purchase  or  donation,  an  American  flag  with  accompanying 
necessary  poles  and  ropes,  etc.,  for  each  and  every  school  house  in 
their  respective  districts.  Said  flags  shall  be  of  dimensions  not  less 
than  four  by  six  feet,  and  they  shall  be  made  from  durable  material. 

Section  1808.  It  shall  be  the  duty  of  the  school  trustees  to  cause 
said  flags  to  be  displayed  over  such  school  houses  every  day,  during 
the  sessions  thereof,  provided  the  weather  is  such  as  to  permit  the  dis- 
play without  injury  to  the  flags. 

Section  1809.  The  school  trustees  are  hereby  authorized  and  em- 
powered to  use  such  portion  of  the  school  funds  as  remain  in  their 


50  GENERAL    SCHOOL   LAW 

hands  and  which  is  not  othewise  appropriated,  for  the  purchase  and 
erection  of  the  flags,  poles,  etc. 

Section  1810.  The  school  trustees  of  any  school  district  of  the 
State  of  Montana,  shall  have  and  are  hereby  given  in  addition  to  the 
power  already  conferred  on  them,  authority  to  issue  on  the  credit  of 
their  respective  districts,  coupon  bonds  (and  sell  the  same),  for  the 
purpose  of  providing  the  necessary  funds  to  pay  maturing  bonds  under 
the  following  conditions,  to-wit: 

First — When  there  is  not  sufficient  money  to  the  credit  of  the 
school  district  applicable  to  pay  said  maturing  bonds. 

Second — When  in  the  judgment  of  the  school  trustees  to  levy  and 
collect  a  special  tax  for  the  purpose  of  paying  said  maturing  bonds, 
would  be  a  hardship  and  a  burden  to  the  school  district. 

Third — All  bonds  issued  under  the  provisions  of  this  act  shall  bear 
upon  their  face  the  words,  "Refunding  School  Bonds,"  and  shall  also 
recite  in  the  body  of  the  bond  that  "This  bond  is  issued  for  the  purpose 
of  providing  funds  to  pay  maturing  and  outstanding  bonds." 

Fourth — Said  bonds  shall  bear  interest  at  a  rate  not  exceeding  six 
per  cent  per  annum  (and  interest  may  be  payable  semi-annually)  and 
payable  and  redeemable  within  a  period  not  to  exceed  twenty  years 
from  the  date  of  issue;  Provided,  That  such  issue  of  bonds  shall  not 
exceed  in  amount  the  face  value  of  the  bonds  they  are  issued  to  replace, 
and  Provided  further  that  such  reissue  shall  not  be  made  more  than 
once  upon  any  indebtedness. 

Fifth — The  trustees  shall  fix  the  denomination,  term,  rate  and  form 
of  said  bonds  not  inconsistent  with  the  requirements  hereinbefore  set 
forth;  and  may  issue  and  sell  such  bonds  at  any  time  when  deemed 
necessary  and  expedient  to  preserve  and  maintain  the  credit  of  their 
respective  school  districts;  Provided,  however,  that  said  school  trustees 
shall  be  required  to  first  submit  the  question  of  issuing  said  bonds  to 
the  electors  of  said  school  districts  as  required  in  the  case  of  issuing 
other  bonds. 

Sixth — Said  bonds  shall  be  advertised  for  sale  in  not  less  than  one 
newspaper  of  general  circulation,  published  in  the  State  of  Montana, 
for  a  period  of  not  less  than  four  weeks  preceding  the  date  fixed  for 
sale  of  said  bonds;  said  advertisement  shall  briefly  describe  the  bonds, 
stating  the  time  when,  and  place  where  said  sale  will  take  place;  Pro- 
vided, That  said  bonds  shall  not  be  sold  at  less  than  their  par  value, 
and  the  trustees  are  authorized  to  reject  any  bids  and  sell  said  bonds  at 
private  sale,  if  they  deem  it  for  the  best  interests  of  the  district  to  do  so. 


STATE    OF    MONTANA.  51 


Seventh — Said  bonds  and  coupons  (attached),  shall  be  signed  by  the 
chairman  of  the  board  of  trustees,  and  the  school  clerk  of  the  district; 
Provided,  a  lithographic  or  engraved  fac  simile  of  the  signatures  of  the 
chairman  and  clerk  may  be  affixed  to  the  coupons  only  when  so  recited 
in  the  bond. 

Eighth — Each  bond  so  issued  shall  be  registered  by  the  county 
treasurer  of  the  county  wherein  such  school  district  is  located,  in  a  book 
provided  for  the  purpose,  which  shall  show  the  date,  number,  term 
and  amount  of  each  bond,  and  the  person  or  persons  to  whom  the 
bonds  are  issued  or  sold. 

Section  1811.  All  moneys  arising  from  the  sale  of  said  bonds  shall 
be  paid  forthwith  into  the  treasury  of  the  county  in  which  said  school 
district  is  located,  and  shall  be  immediately  available  to  apply  for  the 
purpose  authorized  and  no  other  purpose. 

Section  1812.  The  faith  of  each  school  district  is  solemnly  pledged 
for  the  payment  of  the  interest  and  the  redemption  of  the  principal  of 
the  bonds  which  shall  be  issued  under  this  act.  And  for  the  purpose 
of  enforcing  the  provisions  of  this  act,  each  school  district  shall  be  a 
body  corporate,  which  may  sue  and  be  sued  by,  or  in  the  name  of,  the 
board  of  school  trustees  of  such  district. 

Section  1813.  The  school  trustees  of  each  district  shall  ascertain 
the  amount  of  levy  annually,  a  tax  necessary  to  pay  the  interest,  when  it 
becomes  due,  and  provide  a  sinking  fund  to  redeem  the  bonds  at  their 
maturity;  and  said  tax  shall  become  a  lien  upon  the  property  in  said 
school  district  and  be  collected  in  the  same  manner  as  other  taxes  for 
school  purposes. 

Section  1814.  When  the  sum  in  said  sinking  fund  shall  equal  or  ex- 
ceed the  amount  of  any  bond  then  due,  the  county  treasurer  shall  post 
in  his  office  a  notice  that  he  will,  within  thirty  days  from  the  date  of 
such  notice,  redeem  the  bonds  then  payable,  giving  the  number  thereof, 
and  the  bonds  bearing  the  lowest  number  shall  be  redeemed  first,  in 
their  order;  and  Provided,  that  such  redemption  shall  be  made  at  some 
regular  interest  period  as  set  forth  in  the  bond;  and  if  at  the  expiration 
of  the  said  thirty  days,  the  holder  or  holders  of  said  bonds  shall  fail  or 
neglect  to  present  the  same  for  payment,  interest  thereon  shall  cease; 
but  the  treasurer  shall  at  all  times  thereafter  be  ready  to  redeem  the 
same  on  presentation,  and  when  any  bond  or  bonds  shall  be  so  pur- 
chased or  redeemed,  the  county  treasurer  shall  cancel  all  bonds  so  pur- 
chased and  redeemed,  by  writing  or  stamping  across  the  face  of  such 
bond  or  bonds,  in  ink  the  words,  ''Redeemed  and  Cancelled/'  and  the 


52  GENERAL   SCHOOL   LAW 

elate  of  such  redemption.  And  the  bonds  paid  shall  be  exhibited  to  the 
board  of  county  commissioners  at  their  first  meeting  thereafter. 

Section  1815.  The  county  treasurer  shall  pay  out  of  any  moneys 
belonging  to  the  school  district,  the  interest  upon  any  bonds  issued  by 
authority  of  this  act,  by  such  district,  when  the  same  shall  become  due, 
upon  the  presentation  at  his  ofHce,  of  the  proper  coupon,  which  shall 
show  the  amount  due,  and  the  number  of  the  bond  to  which  it  belongs ; 
and  all  coupons  so  paid  shall  be  cancelled  and  exhibited  to  the  board  of 
county  commissioners  at  their  first  meeting  thereafter. 

Section  1816.  The  school  trustees  of  any  school  district  shall 
cause  to  be  printed  or  lithographed,  at  the  lowest  rate,  suitable  bonds 
with  the  coupons  attached,  when  the  same  shall  become  necessary  and 
pay  therefor  out  of  any  moneys  in  the  county  treasury  to  the  credit  of 
said  school  district. 

Section  1817.  If  any  of  the  school  trustees  of  any  district  shall  fail 
or  refuse  to  pay  into  the  proper  county  treasury  the  money  arising  from 
the  sale  of  any  bonds  provided  for  by  this  act,  they  shall  be  deemed 
guilty  of  a  felony  and  upon  conviction  thereof,  shall  be  punished  by 
imprisonment  in  the  State  penitentiary  for  a  term  of  not  less  than  one 
year,  nor  more  than  ten  years. 

Section  1818.  County  school  moneys  may  be  used  by  the  county 
superintendent  and  trustees  for  the  various  purposes  as  authorized 
and  provided  in  this  article,  and  for  no  other  purpose,  except  that  in 
any  district,  any  surplus  in  the  general  school  fund  to  the  credit  of  said 
district,  after  providing  for  the  expenses  of  not  less  than  eight  months' 
school  may,  on  a  vote  of  the  qualified  electors  of  said  district,  be  used  for 
the  purpose  of  building  and  improvement.  If  any  school  money  shall 
be  paid  by  the  authority  of  the  board  of  trustees  for  any  purpose  not 
authorized  by  this  section,  the  trustees  consenting  to  such  payment 
shall  be  liable  to  the  district  for  the  repayment  of  such  sum  and  a  suit 
to  recover  the  same  may  be  brought  by  the  county  attorney  or  if  he 
shall  refuse  to  bring  the  same,  a  suit  may  be  brought  by  any  taxpaying 
elector  in  the  district. 

ARTICLE  VI. 

DISTRICT    CLERKS. 
Sec.    1830.    Duties     Compensation. 

Section  1830.     The  duties  of  the  district  clerk  shall  be  as  follows: 
I.     To  attend  all  meetings  of  the  board  of  trustees;  but  if  he  shall 
not  be  present,  the  board  of  trustees  shall  select  one  of  their  number  as 


STATE    OF   MONTANA.  53 


a  clerk  who  shall  certify  the  proceedings  of  the  meeting  to  the  clerk 
of  the  district,  to  be  recorded  by  him.  He  shall  keep  his  record  in  a 
book  to  be  furnished  by  the  board  of  trustees  and  he  shall  preserve  a 
copy  of  all  reports  made  to  the  county  superintendent  and  safely  pre- 
serve and  keep  all  books  and  documents  belonging  to  his  office,  and 
shall  turn  the  same  over  to  his  successors. 

2.  To  keep  accurate  and  detailed  accounts  of  all  receipts  and  ex- 
penditures of  school  moneys.     At  each  annual  school  meeting  the  dis- 
trict clerk  shall  present  his  record  book  for  public  inspection  and  shall 
make  a  statement  of  the  financial  condition  of  the  district  and  of  the 
action  of  the  trustees  and  such  record  must  always  be  open  to  public 
inspection. 

3.  To  make  annually,  between  the  first  and  twentieth  days  of 
August  of  each  year,  an  exact  census  of  all  the  children  and  youth  be- 
tween the  ages  of  six  and  twenty-one  years  residing  in  the  district  and 
shall  specify  the  number  and  sex  of  such  children  and  the  names  of 
their  parents  or  guardians.     He  shall  take  specifically  and  separately, 
a  census  of  all  children  under  six  years  of  age  and  shall  specify  the 
number  and   sex  of  such   children.     All   children   under  twenty-one 
years  of  age  who  may  be  absent  from  home  for  any  cause  shall  be  in- 
cluded by  the  district  clerk  in  this  census  list  of  the  city,  town  or  district 
in  which  their  parents  reside.     He  shall  make  a  full  report  thereof  on 
the  blanks  furnished  for  this  purpose  under  oath  to  the  county  superin- 
tendent thereafter,  and,  deliver  a  copy  to  the  school  trustees.     For 
taking  the  census  the  district  clerk  shall  be  paid  by  the  board  of  trus- 
tees, from  the  county  school  money  to  the  credit  of  the  district,  in  the 
same  manner  as  other  contingent  expenses  are  paid,  at  a  rate  not  ex- 
ceeding ten  cents  for  each  child's  name  returned  by  him.     He  shall  re- 
ceive such  other  compensation  for  other  services  as  may  be  allowed  by 
the  board  of  trustees.     In  case  any  district  clerk  shall  fail  to  take  the 
census  provided  in  this  act,  at  the  proper  time  and  if  through  such 
neglect  the  district  shall  fail  to  receive  its  apportionment  of  school 
moneys,  said  school  clerk  shall  be  individually  liable  to  the  district 
for  the  full  amount  so  lost  and  it  may  be  recovered  on  a  suit  brought  by 
any  citizen  of  such  district  in  the  name  of  and  for  the  benefit  of  the  dis- 
trict. 

(Sec.   1830.    Act   approved  March  8,    1S97.) 


54  GENERAL   SCHOOL   LAW 


ARTICLE  VII. 

TEACHERS. 

Sec.  Sec. 

1840.  Qualifications.  1845.  Duties. 

1841.  Teachers'  report.  1846.  Penalty. 

1842.  Duties.  1847.  Qualification,   as  to  age. 

1843.  Construction  of  teacher's  contract.  1848.  Dismissal.    Appeal. 

1844.  Powers.  1849.  Suspension  of  teacher's  certificate. 

Section  1840.  No  person  shall  be  accounted  as  a  qualified  teacher, 
within  the  meaning  of  the  school  law,  who  has  not  first  appeared  before 
the  county  superintendent  of  the  county  in  which  he  proposes  to  teach, 
and  received  a  certificate  setting  forth  his  qualifications ;  or  who  has  not 
received  a  temporary  certificate  from  the  county  superintendent  or  has 
not  a  State  certificate  or  life  diploma  from  the  State  Board  of  Educa- 
tion, or  a  certificate  from  some  other  county,  endorsed  by  the  county 
superintendent:  Provided,  That  special  certificates  may  be  granted  to 
persons  employed  to  teach  either  music,  drawing,  modern  languages  or 
penmanship  only. 

Section  1841.  Every  teacher  employed  in  any  public  school  shall 
make  an  annual  report  to  the  county  superintendent  on  or  before  the 
tenth  day  of  September  next  after  the  close  of  each  school  year,  in  the 
form  and  manner  and  on  the  blanks  prescribed  by  the  Superintendent 
of  Public  Instruction.  A  copy  of  such  report  shall  be  furnished  the  dis- 
trict clerk.  Any  teacher  who  shall  end  any  school  term  before  the 
close  of  the  school  year  shall  make  a  report  to  the  county  superin- 
tendent immediately  after  the  close  of  such  term,  and  any  teacher  who 
may  be  teaching  any  school  at  the  close  of  the  school  year,  shall,  in  his 
or  her  annual  report,  include  all  statistics  from  the  school  register  for 
the  entire  school  year  notwithstanding  any  previous  report  for  a  part 
of  the  year.  Teachers  shall  make  such  additional  reports  as  shall  be 
required,  in  pursuance  of  law,  by  the  Superintendent  of  Public  Instruc- 
tion. No  board  of  trustees  shall  draw  any  order  or  warrant  for  the 
salary  of  any  teacher  for  the  last  month  of  his  or  her  service,  until  the 
reports  herein  required  shall  have  been  made  and  received;  Provided, 
That  in  all  schools  acting  under  the  direction  of  a  city  superintendent, 
teachers  shall  be  required  to  report  to  such  superintendent,  whose  report 
shall  be  accepted  by  the  county  superintendent  and  the  trustees  in  lieu 
of  teachers'  reports;  and  that  when  there  is  no  city  superintendent  the 
report  of  the  principal  shall  be  accepted  in  lieu  of  the  teachers'  reports. 

Section  1842.  It  shall  be  the  duty  of  the  teacher  of  every  public 
school  in  this  State,  to  keep,  in  a  neat  and  business-like  manner,  a  daily 
register  in  such  form  and  upon  such  blanks  as  shall  be  prepared  by  the 


STATE    OF   MONTANA.  55 


Superintendent  of  Public  Instruction,  and  no  board  of  trustees  shall 
draw  any  warrant  for  the  salary  of  any  teacher  for  the  last  month  of 
his  service  in  the  school,  at  the  end  of  any  term  or  year,  until  they  shall 
have  received  a  certificate  from  the  district  clerk  that  the  said  register 
has  been  properly  kept,  the  summaries  made  and  the  statistics  entered, 
or  until  by  personal  examination  they  shall  have  satisfied  themselves 
that  it  has  been  done. 

Teachers  shall  faithfully  enforce  in  school  the  course  of  study  and 
regulations  prescribed,  and  if  any  teacher  shall  refuse  or  neglect  to 
comply  with  such  regulations,  then  the  board  of  trustees  shall  be  au- 
thorized to  withhold  any  warrant  for  salaries  due  until  such  teacher 
shall  comply  therewith.  No  teacher  shall  be  employed  except  by  writ- 
ten order  of  a  majority  of  the  board  of  trustees,  at  a  regular  or  special 
meeting  thereof,  nor  unless  the  holder  of  a  legal  teacher's  certificate  in 
full  force  and  effect. 

Section  1843.  In  every  contract  between  any  teacher  and  board  of 
trustees,  a  school  month  shall  be  construed  as  twenty  school  days,  or 
four  weeks  of  five  days  each  and  no  teacher  shall  be  required  to  teach 
school  on  Christmas  day,  the  first  day  of  January,  the  fourth  day  of  July, 
the  twenty-second  day  of  February,  the  thirtieth  day  of  May,  the  first 
Monday  in  September,  election  day  in  November,  and  the  day  appointed 
by  the  President  of  the  United  States  or  the  Governor  of  this  State  as  a 
day  of  Thanksgiving.  And  no  deduction  from  the  teacher's  time  or 
wages  shall  be  made  by  reason  of  the  fact  that  school  day  happens  to 
be  one  of  the  days  referred  to  in  this  section.  And  any  contract  made 
hi  violation  of  this  section  shall  have  no  force  or  effect  as  against  the 
teacher. 

Section  1844.  Every  teacher  shall  have  power  to  hold  every  pupil 
to  a  strict  accountability  in  school  for  any  disorderly  conduct  on  the 
way  to  school,  or  during  the  intermission  or  recess;  to  suspend  from 
school  any  pupil  for  good  cause;  Provided,  That  suspension  shall  be 
reported  to  the  trustees  as  soon  as  practicable  for  their  decision. 

Section  1845.  It  sail  be  the  duty  of  all  teachers  to  endeavor  to  im- 
press on  the  minds  of  their  pupils  the  principles  of  morality,  truth,  jus- 
tice and  patriotism:  to  teach  them  to  avoid  idleness,  profanity  and  false- 
hood, and  to  instruct  them  in  the  principles  of  a  free  government,  and 
to  train  them  up  to  a  true  comprehension  of  the  rights,  duties  and  dig- 
nity of  American  citizenship. 

Section  1846.  Any  teacher  who  shall  maltreat  or  abuse  any  pupil 
by  administering  any  undue  or  severe  punishment,  shall  be  deemed 


56  GENERAL,  SCHOOL  LAW 

guilty  of  a  misdemeanor,  and  upon  conviction  thereof  before  any  court 
of  competent  jurisdiction  shall  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars. 

Section  1847.  No  person  is  eligible  to  teach  in  any  public  school  in 
this  State,  or  to  receive  a  certificate  to  teach,  who  has  not  attained  the 
age  of  eighteen  years. 

Section  1848.  In  case  of  the  dismissal  of  any  teacher  before  the 
expiration  of  any  written  contract  entered  into  between  such  teacher 
and  board  of  trustees  for  alleged  unfitness  or  incompetence,  or  viola- 
tion of  rules,  the  teacher  may  appeal  to  the  county  superintendent,  and 
if  the  superintendent  decides  that  the  removal  was  made  without  good 
cause,  the  teacher  so  removed  must  be  reinstated,  and  shall  be  entitled 
to  compensation  for  the  time  lost  during  the  pending  of  appeal. 

Section  1849.  Should  any  teacher  employed  by  a  board  of  school 
trustees  for  a  specified  time,  leave  the  school  before  the  expiration  of 
such  time,  without  the  consent  of  the  trustees  in  writing,  said  teacher 
shall  be  deemed  guilty  of  unprofessional  conduct,  and  the  county  super- 
intendent is  authorized,  upon  receiving  notice  of  such  fact,  to  suspend 
the  certificate  of  such  teacher  for  the  period  of  six  months.  Should 
such  teacher  be  the  holder  of  a  State  certificate  or  life  diploma,  the 
county  superintendent  shall  report  the  delinquency  of  the  teacher  to  the 
State  Board  of  Education,  who  are  thereupon  authorized  to  suspend 
said  diploma  for  a  period  of  one  year. 

ARTICLE  VIII. 

SCHOOLS. 
Sec.  Sec. 

1860.  Common  School  defined.  1863.    Sectarian  publications  forbidden. 

1861.  Course   of  study.  1864.    School  year. 

1862.  School  hours. 

Section  1860.  A  common  school  is  hereby  defined  to  be  one  that  is 
maintained  at  the  public  expense  in  each  school  district,  and  under 
the  supervision  of  the  board  of  trustees.  Every  common  school  not 
otherwise  provided  for  by  law,  shall  be  open  to  the  admission  of  all 
children  between  the  ages  of  six  and  twenty-one  years  residing  in  the 
school  district,  and  the  board  of  trustees  shall  have  the  power  to  admit 
children  not  residing  in  the  district,  as  hereinbefore  provided. 

Section  1861.  All  common  schools  shall  be  taught  in  the  English 
language,  and  instruction  shall  be  given  in  the  following  branches,  viz: 
Reading,  penmanship,  orthography,  written  arithmetic,  mental  arithme- 
tic, geography,  English  grammar,  physiology  and  hygiene,  with  special 


STATE    OP   MONTANA.  67 


reference  to  the  effect  of  alcoholic  stimulants  and  narcotics  on  the  hu- 
man system,  history  of  the  United  States,  civics  of  the  United  States 
and  of  Montana.  Attention  must  be  given  during  the  entire  school 
course  to  the  cultivation  of  maners,  to  the  laws  of  health,  physical  exer- 
cise, ventilation  and  temperature  of  the  school  room. 

Section  1862.  The  school  day  shall  be  six  hours  in  length,  exclu- 
sive of  an  intermission  at  noon ;  but  any  board  of  trustees  in  any  district 
having  a  population  of  five  hundred  or  more  may  fix  as  the  school  day 
a  less  number  of  hours  than  six ;  Provided  that  it  be  not  less  than  four 
hours,  except  in  the  lowest  primary  grades  where  the  pupils  may  be  dis- 
missed after  an  attendance  of  two  hours. 

(Sec.  1862.    Act  approved  March  8th,  1897.) 

Section  1863.  No  publication  of  a  sectarian,  partisan  or  denomina- 
tional character  must  be  used  or  distributed  in  any  school,  or  be  made  a 
part  of  any  school  library:  nor  must  any  sectarian  or  denominational 
doctrine  be  taught  therein.  Any  school  district,  the  officers  of  which 
knowingly  allow  any  schools  to  be  taught  in  violation  of  these  pro- 
visions, forfeits  all  right  to  any  State  or  county  apportionment  of  school 
moneys;  and  upon  satisfactory  evidence  of  such  violation  the  Super- 
intendent of  Public  Instruction  and  county  superintendent  must  with- 
hold both  State  and  county  apportionments. 

Section  1864.  The  school  year  shall  begin  on  the  first  day  of 
September  and  end  on  the  thirty-first  day  of  August. 

ARTICLE  IX. 

PUPILS. 

Section  1870.  All  pupils  who  may  be  attending  public  schools  shall 
comply  with  the  regulations  established  in  pursuance  of  law  for  gov- 
ernment of  such  schools ;  shall  pursue  the  required  course  of  study  and 
shall  submit  to  the  authority  of  the  teachers  of  such  schools.  Contin- 
ued and  wilful  disobedience  and  open  defiance  of  the  authority  of  the 
teacher  shall  constitute  good  cause  for  expulsion  from  school.  Any 
pupil  who  shall  in  any  way  cut,  deface  or  otherwise  injure  any  school 
house,  furniture,  fence  or  outbuilding  thereof,  or  any  book  belonging  to 
other  pupils,  or  any  books  belonging  to  the  district  library,  shall  be 
liable  to  suspension  and  punishment,  and  the  parent  or  guardian  of 
such  pupil  shall  be  liable  for  damage  on  complaint  of  the  teacher  or  any 
trustee,  and  upon  proof  of  the  same. 


58  GENERAL,  SCHOOL   LAW 

ARTICLE  X. 

DUTIES  OF  COUNTY  TREASURER. 

Section  1880.  It  shall  be  the  duty  of  the  county  treasurer  of  each 
county: 

First.  To  receive  and  hold  all  school  moneys  as  special  deposit 
and  to  keep  a  separate  acc6unt  of  their  disbursements  to  the  several 
school  districts  which  shall  be  entitled  to  receive  them,  according  to 
the  apportionment  of  the  county  superintendent  of  common  schools. 

Second.  To  notify  the  county  superintendent  of  common  schools  of 
the  amount  of  county  school  fund  in  the  county  treasury  subject  to 
apportionment,  whenever  required;  and  to  inform  said  superintendent 
of  the  amount  of  school  moneys  belonging  to  any  other  fund  subject  to 
apportionment. 

Third.  To  pay  all  warrants  drawn  on  county  or  district  school  mon- 
eys, in  accordance  with  the  provisions  of  this  act,  whenever  such  war- 
rants are  countersigned  by  the  district  clerk  and  properly  indorsed  by 
the  holders. 

Fourth.  To  make  annually  during  the  month  of  October*  in  each 
year  a  financial  report  for  the  last  school  year  and  fiscal  year  ending 
with  June**  thirtieth  to  the  county  superintendent  of  common  schools, 
in  such  form  as  may  be  required  by  him. 

ARTICLE  XI. 

DUTIES  OP  COUNTY  CLERK,   CLERK  OF  DISTRICT  COURT  AND  THE  JUS- 
TICES OF  THE  PEACE. 
Sec.  Sec. 

1890.  Duty  of  county  clerk.  1892    Duty  of  justice  of  the  peace. 

1891.  Duty  of  clerk  of  district  court.  1893.    Penalty. 

Section  1890.  It  shall  be  the  duty  of  the  county  clerks  of  the  several 
counties  of  the  State  to  make  a  report  to  the  county  superintendent 
of  common  schools  within  their  counties  during  the  month  of  Septem- 
ber in  each  year,  of  the  school  tax  levied  and  the  assessed  valuation  of 
the  proper  counties  for  that  year. 

Section  1891.  It  shall  be  the  duty  of  the  clerk  of  the  district  court 
at  the  close  of  every  term  thereof,  to  report  to  the  county  superintendent 
of  the  county  in  which  said  term  shall  have  been  held,  whether  or  not 
any  fines,  and  if  any,  what  ones,  were  imposed  by  the  court  during  the 
said  term. 

Section  1892.     It  shall  be  the  duty  of  each  justice  of  the  peace  of 


*  October  should  read  September. 
**  June  thirtieth  should!  read  August  thirty-first. 


STATE    OF   MONTANA.  69 


each  county  to  report  to  the  county  superintendent  during  the  month  oi 
September  in  each  year,  whether  or  not  they  have  imposed  and  collect- 
ed any  fines  during  the  preceding  year,  and  if  any,  what  ones,  with  the 
date  at  which  the  same  were  paid  to  the  county  treasurer. 

Section  1893.  All  officers  mentioned  in  sections  1890,  1891  and 
1892  of  this  title,  who  shall  fail  or  neglect  to  perform  any  of  the  duties 
required  by  this  title,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  before  any  court  having  competent  jurisdiction 
thereof,  shall  be  fined  in  any  sum  not  less  than  twenty  dollars,  and  not 
more  than  one  hundred  dollars  for  each  neglect ;  and  such  fine  shall  be 
paid  into  the  county  treasury  for  the  benefit  of  common  schools  in  said 
county. 

ARTICLE  XII. 

TEACHERS'  INSTITUTES. 
Sec.  Sec. 

1900.  Institutes  in  each  county.  1903.    Notice.    Teachers  must  attend. 

1901.  Same.  1904.    "Institute  fund." 

1902.  Sessions  of  institute.  1905.    Expenses  of  institutes. 

Section  1900.  The  county  superintendent  in  every  county  in  which 
there  are  five  or  more  school  districts,  must  hold  one  teachers'  insti- 
tute in  each  year ;  and  every  teacher  employed  in  a  public  school  in  the 
county  must  attend  the  institute,  and  participate  in  its  proceedings. 

Section  1901.  In  any  county  where  there  are  less  than  five  school 
districts  the  county  superintendent  may,  after  conference  with  the  Su- 
perintendent of  Public  Instruction,  hold  an  institute. 

Section  1902.  Each  session  of  the  institute  must  continue  not  less 
than  three  nor  more  than  ten  days. 

(Sec.  1902.    Act  approved  March  8,  1897.) 

Section  1903.  When  a  teachers'  institute  has  been  appointed  to  be 
held  for  any  county  it  may  be  the  duty  of  the  county  superintendent  to 
give  written  or  printed  notice  to  each  teacher  in  the  public  schools  of  the 
county,  and  as  far  as  possible  to  all  others  not  engaged  in  teaching 
who  are  holders  of  teachers'  certificate,  at  least  thirty  days  before  the 
opening  of  such  institute  of  the  time  and  place  of  holding  it.  Each 
teacher  receiving  such  notice  engaged  in  teaching  a  term  of  school 
which  includes  the  time  of  holding  such  institute,  may  close  school  dur- 
ing such  institute  and  attend  the  same  upon  permission  of  trustees  of 
said  district  and  may  be  paid  by  the  school  board  of  the  district,  regu- 
lar wages  as  teacher  for  the  time  (not  less  than  three  days)  he  or  she 
attended  such  instite,  as  certified  by  the  county  superintendent;  Pro- 


60  GENERAL   SCHOOL  LAW 

vided  that  no  institute  shall  be  held  between  the  first  day  of  June  and 
the  first  day  of  September  of  any  year. 

(Sec.  1903.    Act  approved  March  8,  1897.) 

Section  1904.  For  the  purpose  of  defraying  the  expenses  of  the  in- 
stitute mentioned  in  the  preceding  section  of  this  act,  there  shall  be  an 
institute  fund  created  as  follows: 

First.  All  moneys  received  from  the  issuance  of  teachers'  certi- 
ficates by  the  county  superintendent. 

Second.  Moneys  received  from  appropriations  by  boards  of  coun- 
ty commissioners:  and  every  board  of  county  commissioners  in  each 
county  in  which  a  teachers  institute  may  be  held  is  hereby  authorized 
and  directed  to  appropriate  for  said  institue  fund  as  follows: 

Counties  of  the  first  class  not  less  than  $150.00  nor  more  than 
$250.00. 

Counties  of  the  second  class  not  less  than  $100.00  nor  more  than 
$200.00. 

Counties  of  the  third  class  not  less  than  $75  nor  more  than  $125. 
Counties  of  the  fourth,  fifth,  sixth,  seventh  and  eighth  classes  not 
less  than  $25  nor  more  than  $100. 

(Sec.  1904.    Act  approved  March  8,  1897.) 

Section  1905.  The  county  superintendent  must  keep  an  accurate 
account  of  the  actual  expenses  of  the  institute,  with  vouchers  for  the 
same,  and  present  the  bill  to  the  county  commissioners,  who  shall  allow 
the  same;  Provided,  that  such  amount  shall  not  exceed  that  specified 
in  the  last  preceding  section  of  this  title. 

ARTICLE  XIII. 

EXAMINATIONS   AND  CERTIFICATES. 
Sec.  Sec. 

1910.  Examinations  for  certificates.  1913.    Charges. 

1911.  Grades    of    certificates.      Temporary    1914.    Revocation  of  certificate. 

certificate.    Re-examination.  1915.    Questions  to  be  sealed. 

1912.  Regulations  cencerning  certificates. 

Section  1910.  The  county  superintendent  shall  hold  public  exami- 
nations of  all  persons  over  eighteen  years  of  age,  offering  themselves 
as  candidates  for  teachers  of  common  schools,  at  the  county  seat,  on 
the  third  Fridays  in  February,  April,  August  and  November  of  each 
year,  and  when  necessary  such  examinations  may  be  continued  on  the 
following  day,  at  which  time  he  shall  examine  them  by  a  series  of 
written  or  printed  questions,  according  to  the  rules  prescribed  by  the 
Superintendent  of  Public  Instruction.  If  from  the  percentage  of  cor- 


STATE   OF   MONTANA. 


rect  answers  required  by  the  rules,  and  other  evidence  disclosed  by  the 
examination,  including  particularly  the  superintendent's  knowledge  and 
information  of  the  candidate's  successful  experience,  the  applicant  i? 
found  to  be  a  person  of  good  moral  character,  to  possess  a  knowledge 
and  understanding,  together  with  aptness  to  teach  and  govern,  which 
shall  enable  such  applicant  to  teach  in  the  common  schools  of  the  State 
the  various  branches  required  by  law,  said  superintendent  shall  grant 
to  such  applicant  a  certificate  of  qualification. 

Section  1911.  County  Certificates  shall  be  of  four  grades.  The 
professional  grade  for  a  term  of  not  less  than  four  years,  and  the  first 
grade  certificate  for  a  term  of  not  less  than  three  years,  and  the  pro- 
fessional and  first  grade  certificate  shall  be  good  and  valid  for  as  long  as 
the  holder  thereof  continues  teaching  and  gives  the  county  superin- 
tendent satisfactory  evidence  of  progress  and  efficiency,  the  second 
grade  certificate  shall  be  valid  for  a  term  of  two  years,  and  the  third 
grade  certificate  shall,  be  valid  for  a  term  of  one  year,  according  to  the 
ratio  of  correct  answers  of  the  applicant  and  other  evidences  of  quali- 
fication appearing  from  the  examination.  No  certificate  shall  be 
granted  unless  the  applicant  shall  be  found  proficient  in  and  qualified 
tc  teach  the  following  branches  of  common  English  education:  pen- 
manship, orthography,  reading,  writing,  arithmetic,  mental  arithmetic, 
geography,  English  grammar,  physiology  and  hygiene,  U.  S.  History, 
and  theory  and  practice  of  teaching.  In  addition  to  the  above,  appli- 
cants for  a  second  grade  certificate  shall  pass  a  satisfactory  examina- 
tion in  civics  of  the  United  Sttes  and  Montana,  and  physical  geography; 
applicants  for  a  first  grade  certificate  shall  pass  an  examination  in  civics 
of  the  United  States  and  Montana,  physical  geography,  American  lit- 
erture  and  elementary  algebra;  applicants  for  a  professional  grade  cer- 
tificate shall  pass  an  examination  in  civics  of  the  United  States  and 
Montana,  physical  geography,  American  literature,  elementary  algebra, 
physics  and  plane  geometry.  No  person  shall  be  employed  as  a  teacher 
in  high  school  or  as  the  principal  teacher  of  a  school  of  more  than  two 
departments,  who  is  not  the  holder  of  a  professional  County  certificate 
or  the  holder  of  a  life  or  State  diploma,  issued  by  the  State  Board  of 
Education  of  the  State  of  Montana,  or  who  is  not  a  graduate  of  some 
reputable  University,  College  or  Normal  School.  The  percentages  re- 
quired to  pass  any  branch  shall,  by  a  standing  rule  be  prescribed  by 
the  superintendent  of  Public  Instruction.  In  addition  to  these  regular 
grades  of  certificates,  the  County  Superintendent  may  grant  a  tempo- 
rary certificate  to  teach  until  the  next  regular  examination,  to  any  per- 


62          .  GENERAL   SCHOOL  LAW 

son  applying  at  any  other  time  than  at  a  regular  examination,  who  can 
show  satisfactory  reasons  for  failing  to  attend  such  examination,  sub- 
ject to  rules  and  regulations  to  be  prescribed  by  the  Superintendent  of 
Public  Instruction.  Such  temporary  certificate  shall  not  be  granted 
more  than  once  to  the  same  person,  Provided;  that  where  a  temporary 
certificate  has  been  duly  issued  to  any  teacher,  and  that  it  is  impossible, 
by  reason  of  sickness  or  other  unavoidable  accident,  for  such  teacher 
to  attend  the  next  regular  examination,  such  teacher,  upon  due  and 
sufficient  proof  certified  to  the  County  Superintendent,  who  shall  certify 
the  facts  to  the  State  Superintendent  of  Public  Instruction,  who  may 
authorize  the  County  Superintendent  to  issue  a  second  permit  or  may 
require  the  teacher  to  take  a  private  examination.  The  written  ans- 
wers of  all  candidates,  for  county  certificates  after  being  duly  examined 
by  the  county  superintendent,  shall  be  kept  by  him  during  his  term  of 
office,  and  any  candidate  thinking  an  injustice  has  been  done  to  him 
or  her,  by  paying  a  fee  of  two  dollars  into  the  institute  fund  of  the 
County  and  by  notifying  both  County  and  State  Superintendent  of 
the  same,  shall  have  his  or  her  paper  re-examined  by  the  Superintendent 
of  Public  Instruction.  The  County  Superintendent  shall  upon  receipt 
of  such  notice  from  said  complaining  candidate,  transfer  said  paper  to 
the  Superintendent  of  Public  Instruction,  who  shall  re-examine  the 
same,  and  if  the  answers  warrant  it  shall  instruct  the  County  Superin- 
tendent to  issue  to  such  complaining  candidate  a  county  certificate  of 
proper  grade  and  the  county  superintendent  shall  carry  out  such  in- 
structions. 

(Sec.  1911.    Act  approved  March  4,  18D7  ) 

Section  1912.  No  regular  or  temporary  certificate  to  teach  shall 
be  issued  to  any  person  under  the  age  of  eighteen  years,  and  no  pro- 
fessional or  first  grade  certificate  shall  be  issued  to  any  person  who  has 
not  taught  successfully  twelve  months;  and  a  third  grade  certificate 
shall  not  be  issued  more  than  twice  to  the  same  person.  Third  and 
second  grade  certificates  shall  be  valid  only  in  the  County  where  issued. 
A  professional  or  first  grade  certificate  shall  be  valid  in  any  county  in 
the  State  upon  indorsement  as  hereinafter  provided,  and  shall  be  re- 
newed by  the  county  superintendent  upon  the  proper  fee  being  paid  to 
the  institute  fund  as  provided  for  in  case  of  examination:  Provided, 
that  no  professional  or  first  grade  certificate  shall  be  renewed  unless 
the  applicant  has  taught  at  least  ten  months  during  the  life  of  said  cer- 
tificate. Said  professional  or  first  grade  certificate  shall  be  renewed 
by  the  County  Superintendent  by  his  endorsement  thereon,  upon  the 
payment  of  the  same  fee  as  is  required  by  law  for  examinations;  Pro- 


K    UNIVE  '    J 

STATE    OF   MONTANA.^^:  L-^^  63 


vided  further,  that  whenever  application  is  made  by  a  holder  of  any  un- 
expired  first  grade,  second  grade,  or  third  grade  Montana  certificate  for 
examination  for  any  higher  grade  certificates,  and  it  shall  be  made  to 
appear  to  the  County  Superintendent  that  such  applicant  has  been  en- 
gaged in  teaching  in  any  of  the  Public  Schools  of  the  State  for  a  period 
of  one  year  or  more,  the  said  applicant  shall  be  entitled  to  be  credited 
with  the  percentages  on  his  or  her  last  examination  for  said  first,  sec- 
ond or  third  grade  certificate  as  the  case  may  be,  and  shall  not  be  re- 
quired to  be  examined  in  any  studies  except  the  additional  ones  pre- 
scribed for  such  certificate,  and  such  other  studies  that  the  applicant 
may  not  have  secured  the  required  percentage  upon  in  previous  ex- 
aminations. Provided,  further,  that  to  excuse  any  candidate  from  tak- 
ing the  examination  upon  any  branch  of  any  grade  he  or  she  must 
have  secured  upon  such  branch  at  his  or  her  last  previous  examination 
at  least  eighty  per  cent.  No  person  shal  be  employed  or  permitted  to 
teach  in  any  of  the  public  schools  of  the  State  who  is  not  a  holder  of 
a  lawful  certificate  of  qualification  to  teach.  Any  contract  made  in 
violation  of  this  Section  shall  be  void;  Provided,  that  the  special  certi- 
ficate in  penmanship,  drawing,  modern  language  and  music  shall  be 
granted  upon  a  request  of  a  majority  of  the  members  of  any  district 
Board  of  Trustees.  Such  special  certificate  to  be  valid  for  three  years, 
and  shall  entitle  the  holder  to  teach  only  such  special  branch  or  branch- 
es stated  in  said  certificate,  Provided,  further,  that  if  the  attendance 
upon  the  aforesaid  examination  of  teachers  at  the  County  seat  shall 
work  a  great  hardship  to  one  or  more  teachers  in  the  County,  the  coun- 
ty superintendent,  upon  application  to  the  State  Superintendent,  may 
provide  for  such  teacher  or  teachers  to  take  the  examination  at  some 
convenient  place,  and  the  county  superintendent  may  appoint  some 
suitable  person  to  conduct  such  examination,  under  the  rules  and  regu- 
lations prescribed  by  the  State  Superintendent  of  Public  Instruction. 

(Sec.  1912.    Act  approved  March  4,  1897.) 

Section  1913.  Every  applicant  for  a  county  certificate  shall  pay 
one  dollar  to  the  county  superintendent,  which  shall  be  used  by  him  in 
the  support  of  teachers'  institutes  in  the  county. 

Section  1914.  The  county  superintendent  is  authorized  and  requir- 
ed to  revoke  and  annul  at  any  time  a  certificate  granted  by  him  or  his 
predecessor  for  any  cause  which  would  have  authorized  or  required  him 
to  refuse  to  grant  it  if  known  at  the  time  it  was  granted,  and  for  incom- 
petency,  immorality,  intemperance,  cruelty,  crime  against  the  State 
law,  refusal  to  perform  his  duty,  or  general  neglect  of  the  business  of 
the  school.  The  revocation  of  the  certificate  shall  terminate  the  em- 


64  GENERAL,  SCHOOL,  LAW 

ployment  of  such  teacher  in  the  school  in  which  he  or  she  may  at  the 
time  be  employed,  but  the  teacher  must  be  paid  up  to  the  time  of  re- 
ceiving notice  of  such  revocation. 

Section  1915.  The  questions  prepared  by  the  Superintendent  of 
Public  Instruction  when  received  by  the  county  superintendent  shall 
not  be  opened  or  the  seal  thereof  broken  until  the  day  of  examination. 
And  the  county  superintendent  is  prohibited  from  furnishing  or  giving 
to  any  person  or  persons  any  information  concerning  the  questions  pre- 
pared by  the  State  Superintendent. 

ARTICLE  XIV. 

COMPULSORY  ATTENDANCE. 

Sec.  Sec. 

1920.  Compulsory  attendance.  Excuses.         1923.  Prosecutions. 

1921.  Penalty.  1924.  Truant  officer. 

1922.  Clerk  must  furnish  list.  1925.  Procedure. 

Section  1920.  Every  parent,  guardian  or  other  person  in  the  State 
of  Montana,  having  control  of  any  child  or  children  between  the  ages  of 
eight  and  fourteen  years,  shall  be  required  to  send  such  child  or  child- 
ren to  a  public  school,  or  private  school  taught  by  a  competent  instruct- 
or, for  a  period  of  at  least  twelve  weeks  in  each  year,  six  weeks  of 
which  time  shall  be  consecutive;  Provided,  That  such  parent,  guardian 
or  other  person  having  control  of  such  child  or  children  shall  be  ex- 
cused from  such  duty  by  the  school  board  of  the  district  whenever  it 
shall  be  shown  to  their  satisfaction,  subject  to  appeal  as  provided  by 
law,  that  one  of  the  following  reasons  exists  therefore,  to-wit: 

First.  That  such  child  is  taught  at  home  by  a  competent  instructor 
in  such  branches  as  are  usually  taught  in  the  public  schools. 

Second.  That  such  child  has  already  acquired  the  branches  of 
learning  taught  in  the  public  schools. 

Third.  That  such  parent,  guardian  or  other  person  is  not  able, 
by  reason  of  poverty,  to  properly  clothe  such  child. 

Fourth.  That  such  child  is  in  such  a  physical  or  mental  condition 
(as  declared  by  a  competent  physician,  if  required  by  the  board)  to 
render  such  attendance  inexpedient  or  impracticable. 

Fifth.  That  there  is  no  school  taught  the  requisite  length  of  time 
within  two  and  one-half  miles  of  the  residence  of  such  child  by  the 
nearest  traveled  road;  Provided,  that  no  child  shall  be  refused  admis- 
sion to  any  public  school  on  account  of  race  or  color. 

Section   1921.     Any  parent,  guardian  or  other  person,  failing  to 


STATE    OF   MONTANA.  65 


comply  with  the  provisions  of  Section  1920  of  this  title,  shall  upon  con- 
viction, be  deemed  guilty  of  a  misdemeanor,  and  fined  in  a  sum  not 
less  than  five  nor  more  than  twenty-five  dollars  for  each  offense;  said 
action  shall  be  prosecuted  in  the  name  of  the  State  of  Montana  before 
any  court  of  competent  jurisdiction,  and  all  fines  so  collected  shall  be 
paid  into  the  county  treasury  and  placed  to  the  credit  of  the  school  fund 
of  the  district  in  which  the  offense  occurs. 

Section  1922.  It  shall  be  the  duty  of  the  district  clerk  of  each  school 
district  not  later  than  twenty  days  after  the  commencement  of  each 
school  term  to  furnish  the  board  of  trustees  with  a  list  of  names  of  all 
children  between  eight  and  fourteen  years  of  age  in  attendance  at 
school;  and  any  district  clerk  failing  to  furnish  such  lists  within  the 
time  specified  herein  shall  be  guilty  of  a  misdemeanor  and  be  liable  to  a 
fine  of  not  less  than  five  or  more  than  twenty-five  dollars  for  each 
offense;  and  such  fine  when  collected  shall  be  paid  into  the  county 
treasury  and  placed  to  the  credit  of  the  school  fund  of  the  district  in 
which  the  offense  occurs. 

Section  1923.  It  shall  be  the  duty  of  the  school  trustees  of  the  dis- 
trict to  inquire  into  all  cases  of  neglect  of  the  duty  prescribed  in  this 
title,  and  ascertain  from  the  person  neglecting,  the  reason,  if  any,  there- 
for, and  they  shall  forthwith  proceed  to  secure  the  prosecution  of 
any  offense  occurring  under  this  title;  and  any  trustee  neglecting  to 
secure  such  prosecution  for  such  offense,  within  ten  days  after  re- 
ceiving the  lists  mentioned  in  Section  1922,  unless  the  person  so 
complained  of  shall  be  excused  by  the  board  of  trustees  for  the 
reason  hereinbefore  stated,  shall  be  deemed  guilty  of  a  misdemeanor 
and  liable  to  a  fine  in  the  sum  of  not  less  than  ten  nor  more  than  fifty 
dollars;  and  such  fine  when  collected  shall  be  paid  into  the  county 
treasury  and  placed  to  the  credit  of  the  school  fund  of  the  district  in 
which  the  offense  occurs. 

Section  1924.  In  every  school  district  having  a  population  of 
two  thousand  or  more  the  board  of  trustees  may  appoint  one  person 
who  shall  be  designated  as  "truant  officer/'  whose  duty  it  shall  be, 
acting  discreetly,  to  apprehend  on  view  all  children  between  eight 
and  fourteen  years  of  age,  who  are  residents  of  the  said  district, 
who  habitually  frequent  or  loiter  about  public  places,  and  have  no 
lawful  occupation,  and  place  such  children  when  so  apprehended  in 
the  public  school.  And  such  officer  shall  report  all  cases  of  truancy 
to  his  respective  board  of  trustees  immediately.  Upon  the  receipt  of 
such  information  from  such  "truant  officer,"  any  member  of  the  board 


66  GENERAL,   SCHOOL  LAW 

of  school  trustees  shall  forthwith  proceed  to  prosecute  the  person  so 
offending  as  prescribed  in  Section  1920  of  this  title.  Such  officer  shall 
be  entitled  to  such  compensation  as  shall  be  fixed  by  the  board  ap- 
pointing him,  which  shall  be  paid  out  of  the  school  fund. 

Section  1925.  If  upon  the  trial  of  any  offense  as  charged  in  Sec- 
tion 1923  it  shall  be  made  to  appear  to  the  satisfaction  of  the  court  or 
judge  trying  the  same  that  such  prosecution  was  malicious,  then  the 
costs  in  such  case  shall  be  adjudged  against  the  complainant  or  person 
instituting  such  proceedings,  and  collected  as  fines  in  other  cases. 

ARTICLE  XV. 

*  CITY  SUPERINTENDENT  OF  SCHOOLS. 

Sec.  Sec. 

1930.  City  superintendent  of  schools.  1932.    Duties. 

1931.  Qualifications.  1933.    Certain  employment  prohibited. 

Section  1930.  In  every  district  having  a  population  of  five  thou- 
sand and  upwards,  the  board  of  trustees  of  such  district  may  appoint 
a  superintendent  of  schools,  who  shall  be  designated  city  superintendent 
of  schools  of  the  district  and  who  shall  hold  his  position  at  the  pleasure 
of  the  board.  He  shall  be  paid  a  salary  from  the  general  school  fund 
to  be  fixed  by  the  board  of  trustees. 

Section  1931.  The  person  appointed  to  such  position  shall  be  the 
holder  of  a  State  certificate  of  the  highest  grade,  issued  in  some  state,  or 
be  a  graduate  of  some  reputable  university,  college  or  normal  school, 
and  shall  have  taught  in  public  schools  at  least  five  years. 

Section  1932.  The  superintendent  shall  perform  such  duties  as 
the  board  of  trustees  shall  prescribe. 

Section  1933.  No  city  superintendent  shall  engage  in  any  work 
that  will  conflict  with  his  duties  as  superintendent. 

ARTICLE  XVI. 

SCHOOL   FUNDS. 

Sec.  Sec. 

1940.  State  school  fund.   Taxation.  Elec-  1944.  Transfer  of  road  funds. 

tion.  1945.  Proceeds  of  town  lots. 

1941.  School  tax;  how  collected.  1946.  Building  and  furnishing  fund, 

1942.  Apportionment.  1947.  Warrants. 

1943.  Purposes  for  which  money  may  be  1948.  Transfer  of  funds.    Election. 

used. 

Section  1940.  The  principal  of  the  State  school  fund  shall  remain 
irreducible  and  permanent.  The  said  fund  shall  be  derived  from  the 
following  sources,  to-wit:  appropriations  and  donations  by  the  State 
to  this  fund:  donations  and  bequests  by  individuals  to  the  state  or  com- 


STATE    OF   MONTANA. 


mon  schools;  the  proceeds  of  land  and  other  property  which  revert  to 
the  state  by  escheat  and  forfeiture ;  the  proceeds  of  all  property  granted 
to  the  state,  when  the  purpose  of  the  grant  is  not  specified  or  is  uncer- 
tain; funds  accumulated  in  the  treasury  of  the  state  for  the  disburse- 
ment of  which  provision  has  not  been  made  by  law;  the  proceeds  of 
the  sale  of  timber,  stone,  materials  or  other  property  from  school  lands 
other  than  those  granted  for  specific  purposes,  and  all  moneys  other 
than  rental  recovered  from  persons  trespassing  on  said  lands;  five  per- 
centum  of  the  proceeds  of  the  sale  of  public  lands  lying  within  the 
state  which  shall  be  sold  by  the  United  States  subsequent  to  the  ad- 
mission of  the  state  into  the  Union  as  approved  by  Section  15  of  the 
Enabling  Act;  the  principal  of  all  funds  arising  from  the  sale  of  lands 
and  other  property  which  have  been  and  may  be  hereafter  granted  to 
the  state  for  the  support  of  common  schools  and  such  other  funds  as 
may  be  provided  by  legislative  enactment. 

(Sec.  1940.    Act  approved  ivlarch  8th,  1897.) 

Section  19403.  In  addition  to  the  provisions  for  the  support  of  the 
common  schools  herein  before  provided,  it  shall  be  the  duty  of  the 
county  commissioners  of  each  county  in  the  state  to  levy  an  annual  tax, 
which  levy  shall  be  made  at  the  time  and  in  the  manner  provided  by 
law  for  the  levying  of  taxes  for  county  purposes,  and  said  levy  shall 
not  be  less  than  three  mills  on  the  dollar  and  not  more  than  five  mills 
on  a  dollar  of  the  assessed  value  of  all  taxable  property  real  and  per- 
sonal, within  the  county  which  tax  shall  be  collected  by  the  county 
treasurer  at  the  same  time  and  in  the  same  manner  as  state  and  county 
taxes  are  collected  for  the  further  support  of  common  schools  there 
shall  also  be  set  apart  by  the  county  treasurer  all  moneys  paid  into  the 
county  treasury  arising  from  all  fines  for  violations  of  law  unless  other- 
wise specified  by  law,  such  moneys  shall  be  forthwith  paid  into  the 
county  treasury  by  the  officer  receiving  the  same,  and  be  added  to  the 
yearly  school  fund  raised  by  tax  in  each  county  and  divided  in  the 
same  manner. 

(Sec.   1940a.    Act  approved  March  8th,  1897.) 

Section  I94ob.  The  board  of  trustees  of  any  district  may  at  any 
time  when  in  their  judgment  it  is  advisable  submit  to  the  qualified 
electors  of  the  district  the  question  whether  a  tax  not  to  exceed  ten  mills 
on  each  dollar  on  the  taxable  property  in  the  district  shall  be  raised 
to  purchase  lots  and  to  furnish  additional  school  facilities  for  said 
district  or  for  building  one  or  more  school  houses,  or  for  removing  or 
building  additions  to  one  already  built,  for  the  purchase  of  globes, 
maps,  charts,  books  of  reference  and  other  appliances  or  apparatus  for 


68  GENERAL   SCHOOL   LAW 

teaching  or  for  any  or  all  of  these  purposes.  Such  election  shall  be 
called  by  posting  notices  in  three  public  places  in  the  district  for  at 
least  fifteen  days  before  the  election  and  by  publishing  for  at  least  one 
time  in  some  newspaper  published  in  the  county  in  which  the  said 
district  is  located  a  notice  of  such  election  provided  that  this  shall  apply 
only  to  districts  containing  a  school  board  of  more  than  three  trustees 
and  conducted  as  nearly  as  practicable  according  to  the  provisions 
herein  made  for  holding  annual  school  elections.  The  notice  shall 
contain  the  time  and  place  of  holding  the  election  the  amount  of  mon- 
eys proposed  to  be  raised  and  the  purpose  or  purposes  for  which  it  is 
intended  to  be  used.  At  such  elections  the  ballot  shall  be  in  form  as 

follows:  "Shall  a  tax  not  to  exceed mills  be  raised  to  furnish 

additional  school  facilities  for  said  district  or  for  building  a  school 
house  or  for  improving  a  school  house  or  for  building  additions  to  one 
already  built  as  the  case  may  be. 

Tax,  Yes. 

Tax,  No. 

The  elector  shall  prepare  his  ballot  by  crossing  out  thereon  parts  of 
the  ballot  in  such  manner  that  the  remaining  part  shall  express  his 
vote  upon  the  question  submitted.  If  a  majority  of  the  votes  cast  are 
"Tax,  Yes"  the  officers  of  the  election  shall  certify  the  fact  to  the 
assessor  of  the  county  who  shall  at  once  proceed  to  copy  from  the  last 
assessment  roll  of  the  county  assessor  the  list  of  property  liable  to  taxa- 
tion, situated  in  or  owned  by  residents  of  his  district  and  shall  deliver 
the  same  to  the  board  of  trustees  who  shall  allow  him  therefor  out  of 
the  proceeds  of  said  tax  two  dollars  per  day.  The  trustees  shall  upon 
receiving  the  roll,  deduct  ten  percentum  therefrom  for  anticipated  delin- 
quencies, and  then  by  dividing  the  sum  voted,  together  with  the  esti- 
mated cost  of  assessing  and  collecteing  added  thereto,  by  the  remainder 
of  the  roll,  ascertain  the  rate  per  centum  required  and  the  rate  so  ascer- 
tained (using  the  full  cent  on  each  one  hundred  dollars  in  the  place  of 
any  fraction)  shall  be  and  is  hereby  levied  and  assessed  to,  on  or  against 
the  persons  or  property  named  or  described  in  said  roll ;  and  it  shall  be 
a  lien  on  all  such  property  until  the  tax  is  paid  and  said  tax  if  not  paid 
within  the  time  limited  within  the  next  section  for  its  payment  shall 
be  recovered  by  suit  in  the  same  manner  and  with  the  same  costs  as 
delinquent  state  and  county  taxes.  The  trustees  upon  receiving  any 
assessment  roll  from  the  assessor  shall  give  five  days  notice  thereof  by 
posting  a  notice  in  three  public  places  in  the  district  and  shall  sit  for  at 
least  one  day  as  a  board  of  equalization  at  such  time  and  place  as  shall 


STATE    OF   MONTANA.  69 


have  been  named  in  said  posted  notices;  and  they  shall  have  the  same 
power  as  county  boards  of  equalization  to  make  any  change  in  said 
assessment  roll. 

(Sec.  1940b.    Act  approved  March  8th,  1897.) 

Section  1941.  As  soon  as  the  rate  of  taxation  has  been  determined, 
as  provided  in  the  last  preceding  section,  the  trustees  shall  certify  the 
same  to  the  county  clerk,  who  shall  extend  the  same  upon  the  general 
assessment  roll  of  the  county,  and  certify  the  same  to  the  county 
treasurer,  who  shall  proceed  to  collect  the  tax  in  the  same  manner  and 
at  the  same  time  and  with  the  same  power  and  authority  to  enforce  the 
payment  of  the  same,  as  in  the 'case  of  the  State  and  county  taxes.  The 
county  treasurer  shall  place  any  tax  so  collected  to  the  credit  of  the  dis- 
trict to  which  it  belongs. 

Section  1942.  All  school  moneys  apportioned  by  county  superin- 
tendents of  common  schools  shall  be  apportioned  to  the  several  dis- 
tricts in  proportion  to  the  number  of  school  census  children  between 
six  and  twenty-one  years  of  age,  as  shown  by  the  returns  of  the  district 
clerk  for  the  next  preceding  school  census;  Provided,  That  Indian  chil- 
dren who  are  not  living  under  the  guardianship  of  white  persons,  shall 
not  be  included  in  the  apportionment  list,  unless  the  parents  thereof 
are  citizens  of  the  United  States,  or  have  taken  land  under  the  allotment 
and  severalty  act  of  Congress,  and  have  severed  their  tribal  relations. 

Section  1943.  County  school  moneys  may  be  used  by  the  county 
superintendent  and  trustees  for  the  various  purposes  as  authorized  and 
provided  in  this  title,  and  for  no  other  purpose,  except  that  in  any 
district,  any  surplus  in  the  general  school  fund  to  the  credit  of  said  dis- 
trict, after  providing  for  the  expenses  of  not  less  than  eight  months 
school,  may,  on  a  vote  of  the  qualified  electors  of  said  district,  be  used 
for  the  purposes  of  building  and  improvement. 

If  any  school  money  shall  be  paid  by  the  authority  of  the  board  of 
trustees  for  any  purpose  not  authorized  by  this  title,  the  trustees  con- 
senting to  such  payment  shall  be  liable  to  the  district  for  the  repayment 
of  such  sum,  and  a  suit  to  recover  the  same  may  be  brought  by  the 
county  attorney,  or,  if  he  shall  refuse  to  bring  the  same,  a  suit  may  be 
brought  by  any  tax-paying  elector  in  the  district. 

•  Section  1944.  It  shall  be  the  duty  of  the  county  treasurer  in  each 
county  in  this  state,  upon  an  order  of  the  board  of  county  commission- 
ers, to  transfer  any  and  all  sums  of  money  raised  by  county  road  tax 
and  apportioned  to  certain  road  districts,  and  shall  have  remained  one 
year  to  the  credit  of  any  road  district  unused  or  unapportioned,  to  the 


GENERAL   SCHOOL   LAW 


credit  of  the  particular  school  district  or  districts  whose  boundaries 
are  coterminous,  or  nearly  so,  with  those  of  the  road  district  to  whose 
credit  said  moneys  were  originally  apportioned.  A  certificate  of  the 
road  supervisor  that  such  moneys  are  not  needed  for  immediate  use 
in  building1  or  repairing  roads  in  his  district,  accompanied  by  the  peti- 
tion of  ten  residents  of  such  district  that  such  transfer  be  made,  shall 
be  made  sufficient  warrant  for  the  county  treasurer  to  make  such  trans- 
fer when  approved  by  the  board  of  county  commissioners,  and  the 
official  maps  of  the  several  road  and  school  districts  of  the  county  shall 
determine  the  districts  to  which  the  transfers  are  to  be  made.  Moneys 
so  received  to  the  credit  of  any  particular  school  district  may  be  applied 
by  the  trustees  thereof  to  the  payment  of  any  outstanding  district  in- 
debtedness, or,  like  other  funds,  to  the  ordinary  expenses  of  the  district 

Section  1945.  All  moneys  arising  from  the  sale  of  town  lots  under 
and  by  virtue  of  the  several  acts  of  the  Legislative  Assembly  of  the 
State  of  Montana  relating  to  town  sites,  that  are  now  or  that  hereafter 
may  come  into  the  hands  of  any  clerk  of  the  district  court,  or  the  cor- 
porate authorities  of  any  city  or  town  of  this  state,  shall  be  paid  into  the 
county  treasury  of  the  county  for  the  use  and  benefit  of  the  common 
schools  of  the  school  district  in  which  such  city  or  town  is  situated,  to 
be  used  as  provided  for  in  this  title. 

Section  1946.  The  county  treasurers  of  the  several  counties  of  this 
State  shall  transfer  all  moneys  so  paid  into  said  treasury,  as  provided 
for  in  Section  1945  of  this  title,  or  that  may  now  be  in  such  treasury, 
derived  from  said  source,  to  the  school  fund  of  the  school  district  in 
which  town  is  situated,  which  shall  be  paid  out  on  the  order  of  the 
school  trustees  of  such  district,  as  provided  for  in  Section  1947  of  this 
title;  and  which  said  moneys  shall  be  by  said  treasurer  set  apart  as  a 
special  fund  for  the  purpose  of  building  and  furnishing  school  houses, 
and  shall  be  used  for  such  purpose  alone,  unless  otherwise  ordered,  as 
provided  for  in  this  title. 

Section  1947.  The  school  trustees  of  any  school  district  are  hereby 
authorized  to  draw  warrants  on  said  fund  named  in  Sections  1945  and 
1946  of  this  title,  for  the  purpose  of  building  and  furnishing  a  school 
house  in  such  place,  in  the  town  or  city  from  the  sale  of  lots  out  of 
which  such  funds  arose,  as  they  may  designate,  which  said  warrants  or 
orders  shall  specify  the  fund  on  which  the  same  are  drawn  and  for 
what  purpose  drawn. 

Section  1948.  Said  fund  may  be  used  for  general  school  purposes, 
if  a  majority  of  the  qualified  electors  of  such  district  shall  so  elect,  and 


STATE    OF   MONTANA.  71 


upon  the  written  request  of  any  five  of  the  qualified  electors  of  such 
district,  presented  to  the  trustees  for  such  purpose,  said  trustees  shall 
order  an  election  for  such  purpose  in  the  manner  provided  in  Section 
1940,  and  the  trustees  shall  prepare  the  form  of  the  ballot  used  in  such 
election,  which  election  shall  be  conducted  as  other  elections  provided 
for  in  the  several  school  districts  under  the  general  school  laws  of  this 
State  and  when  any  warrant  is  so  drawn  on  said  fund  for  other  purpose 
than  the  building  and  furnishing  of  a  school  house,  said  warrant  shall 
specify  that  it  was  pursuant  to  an  election  held  for  such  purpose. 

ARTICLE  XVII. 

BONDS. 

Sec.  Sec. 

1960.  How*  issued.    Election.    Limit.  1966.    Same.    Redemption   of  bonds. 

1961.  Same.  1967.    Redemption.  Notice  to  bondholder. 

1962.  Election.    Ballots.  1968.    Duty  of   county  treasurer. 

1963.  Notice  of  sale  of  bonds.  1969.    Preparation   of  bonds. 

1964.  School  district  liable  on  bonds.  1970.    Penalty. 

1965.  Tax.    Interest.    Sinking  fund. 

Section  1960.  The  board  of  school  trustees  of  any  school  district 
within  this  state  shall,  whenever  a  majority  of  the  school  trustees  so 
decide,  submit  to  the  electors  of  the  district  the  question  whether  the 
board  shall  be  authorized  to  issue  coupon  bonds  to  a  certain  amount, 
not  to  exceed  three  per  cent  of  the  taxable  property  in  said  district, 
and  bearing  a  certain  rate  of  interest  not  exceeding  six  per  cent  per 
annum,  and  payable  and  redeemable  at  a  certain  time,  for  the  purpose 
of  building  and  furnishing  one  or  more  school  houses  in  said  district  and 
purchasing  land  necessary  for  the  same.  Should  the  trustees  of  any 
school  district  in  which  bonds  have  heretofore  been  issued  to  any 
amount  desire  to  submit  to  the  electors  of  the  district  the  question  as  to 
whether  additional  bonds  shall  be  issued,  they  may  do  so,  but  no  such 
bonds  shall  be  issued  unless  a  majority  of  all  the  votes  cast  at  any  such 
election  shall  be  cast  in  favor  of  such  issue  of  additional  bonds ;  and  in 
no  case  shall  the  whole  issue  of  bonds  exceed  the  amount  of  three  per 
cent  of  the  taxable  property  within  said  school  district. 

Section  1961.  The  board  of  school  trustees  of  any  school  district 
within  Montana  shall,  whenever  a  majority  of  the  school  trustees  so 
decide,  submit  to  the  electors  of  the  district  the  question  whether  the 
board  shall  be  authorized  to  issue  coupon  bonds  to  a  certain  amount  not 
to  exceed  three  (3)  per  cent  of  the  taxable  property  in  said  district,  pro- 
vided, that  nothing  herein  contained  shall  authorize  the  issuance  of 
bonds  to  an  amount  exceeding  two  hundred  and  fifty-one  thousand  dol- 


72  GENERAL,  SCHOOL  LAW 

lars  in  any  one  school  district,  and  bearing  a  certain  rate  of  interest  not 
exceeding  six  per  centum  per  annum  and  payable  and  redeemable  at  a 
certain  time,  for  the  purpose  of  building  and  furnishing  one  or  more 
school  houses  in  said  district,  and  purchasing  lands  necessary  for  the 
same.  Should  the  trustees  in  any  school  district  in  which  bonds  have 
been  heretofore  issued  to  any  amount,  desire  to  submit  to  the  electors 
of  the  district  the  question  as  to  whether  additional  bonds  shall  be  is- 
sued, they  may  do  so,  but  no  such  bonds  shall  be  issued  unless  a 
majority  of  all  the  votes  cast  at  any  such  election  shall  be  cast  in  favor 
of  such  issue  of  additional  bonds;  and  in  no  case  shall  the  whole  issues 
of  bonds  exceed  in  amount  three  per  centum  of  the  taxable  property 
within  said  school  district.  This  act  shall  not  apply  to  an  act  entitled 
"An  act  to  authorize  the  school  trustees  of  the  School  District  Number 
One,  of  Deer  Lodge  County,  to  issue  additional  bonds  for  certain  pur- 
poses,'" approved  February  thirteenth,  1885. 

Section  1962.  Such  election  shall  be  held  in  the  manner  prescribed 
in  Section  I94ob  of  this  title,  but  the  ballots  shall  be  in  form  as  follows: 

"Shall  bonds  be  issued  and  sold  to  the  amount  of 

thousand  dollars,  bearing per  cent  interest,  redeemable  in 

years  and  payable  in years,  for  the  purpose 

of  purchasing  a  school  lot,  and  building  a  school  house  thereon. 

"Bonds,  Yes; 
"Bonds,  No." 

The  elector  shall  prepare  his  ballot  by  crossing  out  thereon  parts 
of  the  ballot  in  such  a  manner  that  the  remaining  part  shall  express  his 
vote  upon  the  question  submitted.  If  a  majority  of  the  votes  cast  at 
such  election  are  "Bonds,  Yes/'  the  board  of  school  trustees  shall  issue 
such  bonds  in  such  form  as  the  board  may  direct,  and  shall  bear  the 
signature  of  the  chairman  of  the  board  of  trustees,  and  shall  be  signed 
by  the  clerk  as  clerk  of  the  said  school  district ;  and  the  coupons  attached 
to  the  bonds  shall  be  signed  by  the  said  chairman  and  said  clerk.  Pro- 
vided, a  lithographic  or  engraved  fac  simile  of  the  signatures  of  the 
chairman  and  clerk  may  be  affixed  to  the  coupons  only  when  so  re- 
cited in  the  bonds.  And  each  bond  so  issued  shall  be  registered  by  the 
county  treasurer  in  a  book  provided  for  that  purpose,  which  shall  show 
the  number  and  amount  of  each  bond,  and  the  person  to  whom  the  same 
is  issued.  And  the  said  bonds  shall  be  sold  by  the  said  trustees  as 
hereinafter  provided. 

Section  1963.  The  school  trustees  shall  give  notice  by  advertise- 
ment in  some  newspaper  published  in  this  state,  for  a  period  of  not  less 
than  four  weeks  to  the  effect  that  the  said  school  trustees  will  sell  said 


STATE    OF   MONTANA.  73 


bonds  (briefly  describing  the  same)  and  stating  the  time  when,  and 
place  where,  such  sale  will  take  place;  Provided,  That  the  said  bonds 
shall  not  be  sold  for  less  than  their  par  value,  and  that  the  said  trustees 
are  authorized  to  reject  any  bids,  and  to  sell  said  bonds  at  private  sale, 
if  they  deem  it  for  the  best  interest  of  the  district;  and  all  moneys 
arising  from  the  sale  of  said  bonds  shall  be  paid  forthwith  into  the 
treasury  of  the  county  in  which  such  district  may  be  located,  to  the 
credit  of  said  district  and  the  same  shall  be  immediately  available  for 
the  purpose  of  building  or  providing  the  school  houses  authorized  by 
this  title;  Provided,  That  no  such  bonds  shall  be  delivered  by  the 
board  of  trustees  unless  the  moneys  therefor  have  been  paid  into  the 
county  treasury. 

Section  1964.  The  faith  of  each  school  district  is  solemnly  pledged 
for  the  payment  of  the  interest  and  the  redemption  of  the  principal  of 
the  bonds  which  shall  be  issued  under  the  provisions  of  this  title.  And 
for  the  purpose  of  enforcing  the  provisions  of  this  title  each  school  dis- 
trict shall  be  a  body  corporate,  which  may  sue  or  be  sued  by,  or  in  the 
name  of,  the  board  of  school  trustees  of  such  district. 

Section  1965.  The  school  trustees  of  each  district  shall  ascertain 
and  levy  annually,  the  tax  necessary  to  pay  the  interest  when  it  becomes 
due  and  a  sinking  fund  to  redeem  the  bonds  at  their  maturity;  and  said 
tax  shall  become  a  lien  upon  the  property  in  said  school  district,  and  be 
collected  in  the  same  manner  as  other  taxes  for  school  purposes. 

Section  1966.  The  county  commissioners,  at  the  time  of  making 
the  levy  of  taxes  for  county  purposes,  must  levy  a  tax  for  that  year 
upon  the  taxable  property  in  such  district,  for  the  interest  and  redemp- 
tion of  said  bonds,  and  such  tax  must  not  be  less  than  sufficient  to  pay 
the  interest  of  said  bonds  for  that  year,  and  such  portion  of  the  prin- 
cipal as  is  to  become  due  during  such  year,  and  in  any  event  must  be 
high  enough  to  raise,  annually,  for  the  first  half  of  the  term  said  bonds 
have  to  run,  a  sufficient  sum  to  pay  the  interest  thereon;  and  during  the 
balance  of  the  term,  high  enough  to  pay  such  annual  interest,  and  to 
pay  annually,  a  portion  of  the  principal  of  said  bonds  equal  to  a  sum 
produced  by  taking  the  whole  amount  of  said  bonds  outstanding  and 
dividing  it  by  the  number  of  years  said  bonds  have  to  run;  and  all 
moneys  so  levied,  when  collected,  must  be  paid  into  the  county  treasury 
to  the  credit  of  such  district,  kept  in  a  separate  fund  and  be  used  for  the 
payment  of  principal  and  interest  on  said  bonds,  and  for  no  other 
purpose. 

I.  Provided,  that  the  board  may  with  the  surplus  of  such  sinking 
fund,  when  the  same  shall  be  $1,000  or  more,  purchase,  any  of  the 
outstanding  bonds  issued  by  the  board.  Such  purchase  shall  be  made 


74  GENERAL,   SCHOOL  LAW 

at  the  lowest  price  such  bonds  can  be  purchased  at,  but  at  no  more  than 
par  value  of  such  bonds ;  and  whenever  there  shall  be  such  a  surplus  of 
sinking  fund  amounting  to  the  sum  of  $1,000,  the  board  shall  pur- 
chase therewith  like  bonds,  on  the  same  terms  and  conditions  as  here- 
inbefore specified. 

2.  If  for  any  reason  such  bonds  cannot  be  purchased  as  herein 
before  specified,  such  sinking  fund  shall  be  invested  by  the  Treasurer 
under  the  direction  of  the  Board  of  Trustees,  at  such  times  as  the 
board  shall  direct,  in  the  interest-bearing  bonds  of  the  United  States  or 
of  the  State  of  Montana,  and  shall  be  purchased  at  the  lowest  market 
price.  Interest  accruing  upon  such  bonds  shall  be  invested  in  the 
same  manner  and  for  the  same  purpose  as  sinking  fund. 

Such  bonds  shall  be  held  by  the  treasurer  until  the  principal  of 
any  bonds  issued  by  the  board  of  trustees  shall  become  due,  and  shall 
be  sold  at  the  highest  market  price,  and  the  proceeds  applied  to  the 
payment  of  the  bonds;  Provided  further,  that  if  at  any  time  the  Board 
shall  deem  it  best,  it  shall  be  lawful  for  such  bonds  for  the  purpose  of 
purchasing  of  the  bonds  issued  by  such  board;  but  all  such  sales 
shall  be  at  the  highest  market  price,  and  the  bonds  of  the  board  pur- 
chased with  the  proceeds  of  such  sale  shall  be  purchased  at  the  lowest 
price  they  can  be  obtained  for,  and  not  above  the  par  value  of  such 
bonds;  Provided,  further,  that  the  bonds  first  maturing  shall  be  pur- 
chased, if  they  can  be  purchased  on  terms  as  favorable  to  the  board 
as  others  offered  for  sale  to  the  said  board. 

All  bonds  of  the  said  board  purchased  under  the  authority  hereby 
given,  or  paid  by  the  board,  shall  be  forthwith  cancelled  as  provided  in 
the  next  succeeding  section. 

Section  1967.  When  the  sum  in  said  sinking  fund  shall  equal  of 
exceed  the  amount  of  any  bond  then  due,  the  county  treasurer  shall 
give  notice  to  each  bondholder,  if  known  to  him,  and  shall  post  in  his 
office  a  notice  that  he  will,  within  thirty  days  from  the  date  of  such 
notice,  redeem  the  bonds  then  payable,  giving  the  numbers  thereof,  and 
preference  shall  be  given  to  the  oldest  issue ;  and  if  at  the  expiration  of 
the  said  thirty  days  the  holder  or  holders  of  said  bonds  shall  fail  or 
neglect  to  present  the  same  for  payment,  interest  thereon  shall  cease; 
but  the  treasurer  shall  at  all  times  thereafter  be  ready  to  redeem  the 
same  on  presentation,  and  when  any  bonds  shall  be  so  purchased  or 
redeemed,  the  county  treasurer  shall  cancel  all  bonds  so  purchased 
and  redeemed  by  writing  across  the  face  of  such  bond  or  bonds,  in  red' 
ink,  the  word  "Redeemed"  and  the  date  of  such  redemption;  Provided, 
That,  whenever  in  the  judgment  of  the  board  of  school  trustees  and 
prior  to  the  redemption  of  said  bonds  said  board  shall  deem  it  advisable 


STATE    OF    MONTANA.  75 


and  for  the  best  interests  of  the  school  districts  to  invest  said  sinking 
fund  or  any  part  thereof  the  board  may  by  an  order  entered  upon  their 
minutes  direct  and  require  the  county  treasurer  to  invest  said  sinking 
fund  or  any  part  thereof  in  state  or  county  bonds  or  warrants  until 
such  redeemable  period. 

Section  1968.  The  county  treasurer  shall  pay  out  of  any  moneys 
belonging1  to  a  school  district  the  interest  upon  any  bonds  issued  under 
this  title  by  such  district  when  the  same  shall  become  due,  upon  the 
presentation  at  his  office  of  the  proper  coupon,  which  shall  show  the 
amount  due,  and  the  number  of  the  bond  to  which  it  belonged;  and 
all  coupons  so  paid  shall  be  reported  to  the  school  trustees  at  their 
first  meeting  thereafter. 

Section  1969.  The  school  trustees  of  any  district  shall  cause  to  be 
printed  or  lithographed,  at  the  lowest  rates,  suitable  bonds,  with  the 
coupons  attached,  when  the  same  shall  become  necessary,  and  pay 
therefor  out  of  any  moneys  in  the  county  treasury  to  the  credit  of 
said  school  district. 

Section  1970.  If  any  of  the  school  trustees  of  any  district  shall  fail 
or  refuse  to  pay  into  the  proper  county  treasury  the  money  arising 
from  the  sale  of  any  bonds  provided  for  by  this  title,  they  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  State  Penitentiary  for  a  term  of  not 
less  than  one  year  nor  more  than  ten  years. 

ARTICLE  XVIII. 

VACANCIES. 
Sec.  Sec. 

1980.  Vacancy  in  school  board.  1982.    Trustee.    How  removed. 

1981.  Vacancy.     Clerk. 

Section  1980.  When  any  vacancy  occurs  in  the  office  of  trustee  of 
any  school  district  by  death,  resignation,  failure  to  elect  at  the  proper 
time,  removal  from  the  district  or  other  causes,  the  fact  of  such  vacancy 
shall  be  immediately  certified  to  the  county  superintendent  by  the  clerk 
of  the  school  district,  and  the  county  superintendent  shall  immediately 
appoint  in  writing  some  competent  person,  who  shall  qualify  and  serve 
until  the  next  annual  school  election.  The  county  superintendents 
shall  at  the  same  time  notify  the  clerk  of  the  school  district  of  every 
such  appointment.  Provided,  That  absence  from  the  school  district 
for  sixty  consecutive  days  shall  constitute  a  vacancy  in  the  office  of 
trustee. 

Section  1981.  Should  the  office  of  the  clerk  of  the  school  district 
become  vacant,  the  board  of  school  trustees  shall  immediately  fill  such 


76  GENERAL,   SCHOOL   LAW 

vacancy  by  appointment,  and  the  chairman  of  the  board  shall  imme- 
diately notify  the  county  superintendent  of  such  appointment. 

Section  1982.  Any  school  trustee  may  be  removed  from  office  by  a 
court  of  competent  jurisdiction,  as  provided  by  law  for  removal  of  elec- 
tive civil  officers ;  Provided,  however,  that  upon  charges  being  preferred 
and  good  cause  shown  the  board  of  county  commissioners  may  suspend 
a  trustee  until  such  time  as  charges  can  be  heard  in  the  court  having 
jurisdiction  thereof. 

ARTICLE  XIX. 

ARBOR    DAY. 
Sec.  Sec. 

1990.  Arbor  Day.  1992.    Same.     Superintendent  of  Public  In- 

1991.  Arbor  Day  exercises.  structlon. 

Section  1990.  The  second  Tuesday  of  May  shall  be  known 
throughout  the  State  as  Arbor  Day. 

Section  1991.  In  order  that  the  children  in  our  public  schools  shall 
assist  in  the  work  of  adorning  the  school  grounds  with  trees,  and  to 
stimulate  the  minds  of  the  children  towards  the  benefits  of  the  preserva- 
tion and  perpetuation  of  our  forests  and  the  growing  of  timber,  it  shall 
be  the  duty  of  the  authorities  in  every  public  school  district  in  this  State 
to  assemble  the  children  in  their  charge  on  the  above  day  in  the  school 
building  or  eleswhere,  as  they  may  deem  proper,  and  to  provide  for  and 
conduct  under  the  general  supervision  of  the  city  superintendent,  coun- 
ty superintendent,  teachers  and  trustees  or  other  school  authorities  hav- 
ing the  general  charge  and  oversight  of  the  public  schools  in  each  city 
or  district,  to  have  and  hold  such  exercises  as  shall  tend  to  encourage 
the  planting,  preservation  and  protection  of  trees  and  shrubs,  and  an 
acquaintance  with  the  best  methods  to  be  adopted  to  accomplish  such 
results. 

Section  1992.  The  Superintendent  of  Public  Instruction  shall  have 
power  to  prescribe  from  year  to  year  a  course  of  exercises  and  instruc- 
tions in  the  subject  hereinbefore  mentioned,  which  shall  be  adopted 
and  observed  by  the  said  public  school  authorities  on  Arbor  Day. 

Section  3280.  For  the  purpose  of  advancing  the  interests  of  tree 
planting  and  arboriculture  in  this  State,  the  second  Tuesday  in  May  is 
hereby  designated  as  Arbor  Day,  and  it  is  the  duty  of  the  Governor  to 
annually  make  his  proclamation  setting  apart  that  day  for  the  planting 
of  trees  and  for  beautifying  homes,  cemeteries,  highways,  public 
grounds  and  landscapes,  and  the  teachers  in  the  public  schools  must 
on  that  day  instruct  the  pupils  as  to  the  importance  of  tree  planting 
and  give  practical  lessons  in  landscape  gardening. 


STATE    OF   MONTANA.  77 


Section  3282.  The  flower  known  as  lewisia  rediviva  (bitter  root) 
shall  be  the  floral  emblem  of  the  State  of  Montana. 

ARTICLE  XX. 

SCHOOL  LIBRARIES. 
Sec.  Sec. 

2000.  Library  fund.  2003.    Location  and  control  of  libraries. 

2001.  Same.  2004.    Rules.    Reports. 

2002.  Same.  2005.    Selection  of  books. 

Section  2000.  A  library  fund  is  hereby  created,  and  the  board  of 
school  trustees  must  expend  the  library  fund,  together  with  such  mon- 
eys as  may  be  added  thereto  by  donation,  in  the  purchase  of  books  for  a 
school  library,  including  books  for  supplementary  work,  and  no  war- 
rant shall  be  drawn  by  the  board  of  trustees  against  the  library  fund  of 
any  district  unless  such  order  is  accompanied  by  an  itemized  bill, 
showing  the  books  and  the  price  of  each,  in  payment  of  which  the  order 
is  drawn. 

Section  2001.  Except  in  cities  having  a  population  of  two  thou- 
sand or  more,  the  library  fund  shall  consist  of  not  less  than  five  nor 
more  than  ten  per  cent  of  the  county  school  fund  annually  apportioned 
in  the  district ;  Provided,  that  should  such  ten  per  cent  exceed  fifty  dol- 
lars, fifty  dollars  only  shall  be  apportioned  to  the  district. 

Section  2002.  In  cities  having  a  population  of  two  thousand  or 
more  the  library  fund  shall  consist  of  a  sum  not  to  exceed  fifty  dollars 
for  every  five  hundred  children  or  fraction  thereof  of  three  hundred  or 
more,  between  the  ages  of  six  and  twenty-one  years  annually  taken 
from  the  general  school  fund  of  the  county  apportioned  to  such  dis- 
trict. 

Section  2003.  Libraries  shall  be  under  the  control  of  the  board  of 
trustees,  and  must  be  kept,  when  practicable,  in  the  school  houses. 

Section  2004.  The  trustees  shall  be  held  accountable  for  the  prop- 
er care  and  preservation  of  the  library,  and  shall  make  all  needful  rules 
and  regulations  not  provided  for  by  the  Superintendent  of  Public  In- 
struction, and  not  inconsistent  therewith ;  and  they  shall  report  annually 
to  the  county  superintendent  all  library  statistics  which  may  be  required 
by  the  blanks  furnished  for  the  purpose  by  the  Superintendent  of 
Public  Instruction. 

Section  2005.  All  books  shall  be  selected  from  lists  approved  by 
the  Superintendent  of  Public  Instruction. 


78  GENERAL,  SCHOOL   LAW 

ARTICLE  XXL 

MISCELLANEOUS. 

Sec.  Sec. 

2020.  Gender.  2025.  School  officers  not  to  act  as  agents. 

2021.  Fines  and  penalties.  2026.  Oath  of  office. 

2022.  Insult  to   teacher.  2027.  Duty  of  county  attorney. 

2023.  Disturbance  of  school.  2028.  Penalties. 

2024.  Printing  and  binding. 

Section  2020.  Whenever  the  word  "he"  or  "his''  occurs  in  this 
title,  referring  either  to  the  members  of  the  board  of  trustees,  county 
superintendent,  teachers  or  other  school  officers,  it  shall  be  understood 
to  mean  also  "she"  or  "her." 

Section  2021.  All  fines  and  penalties,  not  otherwise  provided  for 
in  this  title,  shall  be  collected  by  an  action  in  any  court  of  competent 
jurisdiction,  and  shall  be  paid  into  the  county  school  fund  immediately 
after  collection. 

Section  2022.  Any  parent,  guardian  or  other  person,  who  shall 
insult  or  abuse  a  teacher  in  the  presence  of  the  school,  or  anywhere  on 
the  school  grounds  or  premises,  shall  be  deemed  guilty  of  a  misdemean- 
or and  liable  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars. 

Section  2023.  Any  person  who  shall  willfully  disturb  any  public 
school  or  any  public  school  meeting,  shall  be  guilty  of  a  misdemeanor, 
and  liable  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  one  hun- 
dred dollars. 

Section  2024.  All  printing  or  binding  required  under  this  title 
shall  be  executed  in  the  form  and  manner  and  at  a  price  not  exceeding 
other  county  printing  and  shall  be  paid  in  like  manner  out  of  the 
general  school  fund. 

Section  2025.  Neither  the  Superintendent  of  Public  Instruction, 
nor  any  person  in  his  office,  nor  any  county  superintendent,  nor  school 
district  officer,  nor  any  officer  or  teacher  connected  with  any  public 
school,  shall  act  as  agent  or  solicitor  for  the  sale  of  any  school  books, 
maps,  charts,  school  library  books,  school  furniture  or  apparatus  or  fur- 
nish any  assistance  to  or  receive  any  reward  therefor  from  any  author, 
publisher,  bookseller  or  dealer,  doing  the  same.  Every  person  violat- 
ing this  section  shall  be  guilty  of  a  misdemeanor,  and  be  liable  to  a 
fine  of  not  less  than  fifty  nor  more  than  two  hundred  dollars  for  each 
offense,  and  shall  be  liable  to  removal  from  office  therefor. 

Section  2026.  Any  person  elected  or  appointed  to  any  office  men- 
tioned in  this  title  shall,  before  entering  upon  the  discharge  of  the 
duties  thereof,  take  the  oath  of  office.  In  case  such  officer  has  a  writ- 


STATE    OF   MONTANA. 


ten  appointment  or  commission,  his  oath  shall  be  endorsed  thereon; 
otherwise  it  may  be  taken  orally.  In  either  case  it  may  be  sworn  to 
before  any  officer  authorized  to  administer  oaths,  and  school  officers 
are  hereby  authorized  to  administer  all  oaths  relative  to  school  busi- 
ness appertaining  to  their  respective  offices,  without  charge  or  fee. 

Section  2027.  The  county  attorney  shall  be  the  legal  advisor  of  the 
county  superintendent,  and  all  school  trustees,  and  shall  prosecute  and 
defend  all  suits  to  which  a  district  may  be  a  party. 

Section  2028.  Any  person  who  shall  violate  any  provision  of  this 
title  shall  be  deemed  guilty  of  a  misdemeanor  (when  not  otherwise  pro- 
vided in  this  title)  and  upon  conviction  thereof  shall  be  fined  in  a  sum 
not  less  than  twenty  dollars  nor  more  than  two  hundred  dollars,  or  by 
imprisonment  in  the  couty  jail  not  less  than  five  nor  more  than  thirty 
days,  or  by  both  such  fine  and  imprisonment. 

CHAPTER  VII. 

DEAF  AND  DUMB  ASYLUM. 

Sec.  Sec. 

2330.  Montana  Deaf  and  Dumb  Asylum.  2343.  Admittance    of  non-residents. 

2331.  Objects.  2344.  Provision  for  pauper  inmates. 

2332.  Control.    Appointment  of  trustees.  2345.  Duties  of  district  clerk  and  superin- 

2333.  Meeting-.    Officers.  tendents  of  schools. 

2334.  Duty  of  board.  2346.  Admittance  of  feeble  minded  per- 

2335.  Oath.  sons. 

2336.  Records.  2347.  Expenditure  of  funds. 

2337.  Compensation.    Trustees    and    sec-  2348.  State  board  of  education.    Powers. 

retary.  2349.  Term  of  school. 

2338.  Superintendent.    Control.  2350.  Removal  of  trustee. 

2339.  Superintendent.  Powers  and  deities.  2351.  By-Laws. 

2340.  Exemption   of  employes.  2352.  Reports. 

2341.  Officers  not  to   be  interested  in  2353.  Lands  set  apart  for  asylum. 

contracts.  2354.  Deaf  and  dumb  fund. 

2342.  Regulations'  concerning  admittance. 

Section  2330.  That  the  institution  for  the  education  of  the  deaf  and 
dumb  now  located  in  the  town  of  Boulder,  Jefferson  County,  Montana, 
shall  hereafter  be  known  and  designated  as  "The  Montana  Deaf  and 
Dumb  Asylum.'7 

Section  2331.  The  object  of  said  school  shall  be  to  teach  the  Eng- 
lish language  to  all  deaf  and  dumb  children  of  the  State,  and  to  furnish 
all  children  who  are  debarred  from  the  public  schools  by  reason  of 
deafness,  dumbness,  blindness  or  feeble-mindedness  with  at  least  an 
ordinary  public  school  education  in  all  customary  branches,  and  to 
train  them  into  mastery  of  such  trades  as  shall  enable  them  to  become 
independent  and  self-sustaining  citizens. 

Increased  facilities  shall  be  furnished  from  time  to  time  for  the  more 


80  GENERAL,   SCHOOL  LAW 


thorough  and  successful  training  of  those  who  may  show  a  special 
aptness  for  acquiring  said  trades.  This  provision  shall  apply  to  the 
female  as  well  as  the  male  department  of  said  school. 

For  the  sake  of  economy  and  to  the  end  that  the  aforesaid  trades 
shall  be  practically  taught  to  the  pupils,  it  shall  be  the  duty  of  the 
board  of  trustees  to  see  that  all  the  work  necessary  to  be  done  for  the 
school,  such  as  carpentering,  printing,  painting,  baking,  sewing  and  the 
like  shall,  as  soon  as  possible,  be  done  by  the  pupils  themselves,  under 
the  supervision  of  competent  foremen  or  teachers,  permanently  or  tem- 
porarily employed  for  that  purpose. 

Section  2332.  The  immediate  control  and  management  of  said 
school  shall  be  vested  in  a  board  of  three  (3)  trustees,  to  be  appointed 
by  the  State  Board  of  Education,  and  to  be  divided  into  three  classes, 
as  follows: 

Upon  the  taking  effect  of  this  act  three  (3)  trustees  shall  be  ap- 
pointed, one  of  whom  shall  serve  for  the  term  of  one  (i)  year,  one  of 
whom  shall  serve  for  two  (2)  years,  and  the  remaining  one  shall  serve 
for  three  (3)  years  from  the  date  of  their  respective  appointments ;  their 
successors,  respectively,  shall  serve  a  term  of  three  (3)  years  each;  and 
in  every  case  a  trustee  shall  hold  his  office  until  his  successor  is  duly 
appointed  and  qualified:  Provided,  that  one  member  of  said  board 
shall  be  a  resident  of  the  town  of  Boulder,  and  the  remaining  members 
shall  represent  the  state  at  large;  and  provided,  further,  that  the  super- 
intendent or  any  other  employe  of  said  school  shall  not  be  a  trustee 
thereof. 

Section  2333.  The  said  trustees  shall  meet  in  the  town  of  Boulder 
within  one  month  from  the  date  of  their  appointment  for  the  purpose 
of  organization.  They  shall  elect  from  their  number  a  president  and 
secretary,  whose  term  of  office  shall  be  biennial.  Two  of  the  trustees 
shall  at  any  time  constitute  a  quorum  for  the  transaction  of  business. 

Section  2334.  The  said  board  of  trustees  shall  hold  a  regular  stated 
meeting  on  the  second  Tuesday  of  June,  and  every  third  month  there- 
after, also  called  meetings  at  the  request  of  the  superintendent  or  of 
any  two  of  their  own  number. 

At  each  regular  meeting  they  shall  carefully  inspect  the  school 
under  their  charge,  consult  with  the  superintendent  on  all  matters  con- 
cerning the  welfare  of  the  school  and  transact  all  business  arising  by 
reason  of  the  existence  of  said  school. 

They  shall  also  appoint  from  their  own  number  a  committee  of  at 
least  two  (2)  members,  who  shall  serve  in  that  capacity  for  such  period 
as  the  board  may  designate,  and  whose  duty  it  shall  be  to  receive  and 


STATE    OF   MONTANA.  81 


examine  all  accounts  appearing  against  said  school  for  the  preceding 
calendar  month,  and  immediately  to  transmit  all  such  as  are  approved 
to  the  State  Board  of  Examiners  for  their  re-examination  and  allow- 
ance; whereupon  warrants  on  the  State  Treasury  shall  be  issued  for 
the  full  payment  of  said  accounts. 

To  the  end  that  said  accounts  may  receive  the  necessary  monthly 
attention,  the  aforesaid  committee  shall  hold  meetings  on  the  second 
Tuesday  of  every  month  without  necessary  reference  to  the  regular  full 
meeting  of  the  board  of  trustees. 

All  accounts  shall  specify  clearly  the  nature  of  the  claim  or  service 
and  shall  be  countersigned  by  the  superintendent  and  the  chairman  of 
said  committee. 

Section  2335.  Each  trustee,  before  entering  upon  the  duties  of  his 
office  shall  take  and  subscribe  an  oath  to  support  the  Constitution  of 
the  United  States  and  the  Constitution  of  the  State  of  Montana,  and  to 
faithfully  discharge  all  the  duties  required  of  him  by  this  act,  which 
oath  shall  be  filed  in  the  office  of  the  Secretary  of  the  State. 

Section  2336.  The  records  of  the  secretary  of  the  board  shall  at  all 
times  be  open  to  the  inspection  of  the  trustees,  the  superintendent,  the 
State  Board  of  Education  and  the  members  of  the  Legislative  Assem- 
bly. 

Section  2337.  The  members  of  said  board  of  trustees  shall  receive 
as  compensation  for  their  services,  the  sum  of  five  dollars  ($5.00)  for 
each  day  employed,  and  ten  cents  (ioc)  per  mile  actually  and  necessar- 
ily traveled  in  attending  meetings;  provided,  said  compensation  shall 
not  exceed  the  total  sum  of  one  hundred  and  twenty-five  dollars 
($125.00)  per  annum  for  the  individual  trustee. 

The  secretary  of  the  board  shall  receive  as  compensation  for  extra 
services  required  of  him,  the  sum  of  one  hundred  dollars  ($100.00)  per 
annum,  which  sums  shall  be  paid  out  of  the  State  Treasury. 

Section  2338.  The  said  board  of  trustees  shall  have  charge  of  the 
general  interests  of  the  school,  and  shall  appoint  for  a  term  of  two  years 
at  the  time  as  superintendent  a  man  of  recognized  Christian  character 
who  shall  have  acquired  an  easy  and  ready  use  of  the  "sign  language/' 
such  as  is  commonly  used  by  the  educated  deaf  mutes ;  who  shall  have 
had  at  least  three  years  actual  experience  in  teaching  the  deaf;  who 
shall  be  familiar  with  the  methods  used  in  general  instruction  of  de- 
fective youths:  who  shall  possess  other  qualifications  necessary  in  their 
judgment  to  fit  him  for  such  office;  Provided,  that  nothing  herein  shall 
be  so  contrued  as  to  prevent  the  trustees  from  removing  said  super- 
intendent by  two-thirds  (2-3)  vote  of  the  full  board  for  incompetency, 


82  GENERAL.   SCHOOL  DAW 

mismanagement  or  immorality.  They  shall  fix  the  salary  of  said  Su- 
perintendent, and  he  shall  be  eligible  to  re-election  so  long  as  they 
shall  deem  him  worthy  and  fitted  for  said  office. 

Section  2339.  The  superintendent  shall  be  the  chief  executive  offi- 
cer of  the  school  and  shall  reside  in  the  school  or  on  the  premises.  He 
shall  be  purchasing  agent  for  the  trustees,  and  shall  have  charge  under 
such  regulations  as  they  may  prescribe,  of  the  premises,  property  and 
pupils.  He  shall,  with  the  approval  and  consent  of  the  trustees,  ap- 
point and  fix  the  compensation  of  the  teachers  and  all  subordinate  offi- 
cers and  employes.  He  may  at  any  time,  if  it  seems  best  for  the 
school  and  in  the  interest  of  harmony  and  good  discipline,  discharge 
any  of  them  from  service;  Provided,  that  no  teachers  shall  be  dis- 
charged without  the  consent  and  approval  of  the  trustees. 

All  such  teachers,  officers  and  other  employes  of  said  school  shall  be 
subordinate  to  the  superintendent,  and  all  orders  to  them  or  complaints 
from  them  shall  pass  through  their  hands.  He  shall  see  that  all  teach- 
ers, officers  and  other  employes  faithfully  perform  their  respective  du- 
ties, and  he  shall  be  held  directly  responsible  to  the  trustees  for  econ- 
omy, efficiency  and  success  in  all  the  internal  work  of  the  school. 

He  shall,  before  entering  upon  the  duties  of  his  office,  take  an  oath 
to  support  the  constitution  of  the  United  States  and  the  constitution 
of  Montana,  and  that  he  will  discharge  all  the  duties  of  his  office  with 
fidelity,  to  the  best  interests  of  the  school  under  his  care. 

Section  2340.  All  persons  employed  in  the  school,  while  so  em- 
ployed shall  be  exempt  from  serving  on  juries  or  working  on  roads  and 
highways,  but  not  from  paying  road  tax  or  property  tax;  and  the  cer- 
tificate of  the  superintendent,  under  the  official  seal  of  the  school,  shall 
be  sufficient  evidence  of  such  employment. 

Section  2341.  No  trustee,  superintendent  or  other  officer  or  agent, 
appointed  by  virtue  and  under  the  provisions  of  this  act  shall  have  any 
direct  or  indirect  interest,  of  personal  benefit,  in  any  contract  or  other 
agreement  for  building,  repairing,  furnishing  or  supplyling  said  school ; 
and  no  drawbacks  or  secret  discounts  shall  be  given  to  or  received  by 
any  such  person  on  account  of  articles  or  material  furnished  to  or  labor 
done  for  said  school. 

Section  2342.  The  board  of  trustees,  according  to  such  rules  and 
regulations  as  they  may  prescribe,  on  application  shall  admit  into  the 
school  all  deaf,  dumb,  blind  and  feeble-minded  residing  in  the  State  of 
Montana,  between  the  ages  of  six  (6)  and  twenty-one  (21)  years,  who 
are  not  unsound  of  mind  or  dangerously  diseased  in  body,  or  of  con- 
firmed immorality  or  incapacitated  for  useful  instruction  by  reason  of 


STATE    OF   MONTANA. 


physical  disability.  All  pupils  of  said  school  shall  be  entitled  to  ten 
(10)  years  of  attendance  at  said  school,  and  upon  special  petition  to  the 
board  by  any  pupil  who  has  completed  the  course  of  ten  years,  which 
petition  is  approved  by  the  superintendent,  said  pupil  shall  be  allowed 
two  additional  years  in  the  school ;  provided  said  grant  of  two  additional 
years  shall  be  conditioned  upon  the  previous  record  of  the  petitioner  as 
a  pupil  and  as  a  moral  character  in  the  school,  which  record  shall  be 
considered  by  the  board,  who  shall  then  judge  as  to  the  justice  and 
utility  of  granting  any  extension  of  time  to  said  petitioner;  and  pro- 
vided further,  that  nothing  in  this  section  shall  be  so  construed  as  to 
prevent  suspension  or  expulsion  of  any  pupil  for  insubordination  or 
other  good  and  sufficient  cause. 

Section  2343.  Deaf  and  blind  persons,  not  residents  in  the  State  of 
Montana,  may  be  admitted  into  the  privileges  and  advantages  of  the 
school,  subject  to  all  the  personal  qualifications  prescribed  in  section 
13  of  this  act,  and  not  until  the  payment  in  advance  of  a  sum  of  money, 
the  amount  of  which  shall  be  determined  by  careful  estimate  of  the 
whole  per  capita  cost  of  maintaining  said  school  during  the  year  im- 
mediately preceding  the  date  of  application  by  said  non-resident  per- 
sons; Provided,  That  no  non-resident,  deaf  or  blind  person  shall  be  ad- 
mitted to  the  exclusion  or  detriment  of  any  resident  deaf  or  blind  per- 
son. 

Section  2344.  In  all  cases  where  a  person  to  be  sent  to  said  school 
is  too  poor  to  pay  for  necessary  clothing  and  transportation,  the  judge 
of  the  District  Court  of  the  district  where  such  person  resides  upon 
application  of  any  relative  or  friend,  or  of  any  officer  of  the  county 
where  said  person  resides,  shall,  if  he  deem  the  person  a  proper  sub- 
ject, make  an  order  to  that  effect,  which  shall  be  certified  by  the  clerk 
of  the  court  to  the  superintendent  of  said  school,  who  shall  then  pro- 
vide the  necessary  clothing  and  transportation  at  the  expense  of  the 
county,  and  upon  his  rendering  his  proper  accounts  therefore  quarter- 
annually,  the  county  commissioners  shall  allow  and  pay  the  same  out 
of  the  county  treasury. 

Section  2345.  The  school  district  clerk  of  each  county  in  this  State 
shall  annually  report  to  the  county  superintendent'  of  schools  the 
names,  ages  and  postoffice  addresses,  and  the  names  of  parents  or 
guardians,  of  every  deaf  or  blind  or  feeble-minded  person  between  the 
ages  of  five  (5)  and  twenty-one  (21)  years  residing  in  said  school  dis- 
trict, including  all  who  are  too  deaf  or  blind  to  obtain  an  education  in 
the  public  school. 

The  county  superintendent  of  public  schools  shall,  on  or  before  the 
first  day  of  August  of  each  year,  send  a  complete  list  of  the  names,  ager, 


84  GENERAL   SCHOOL,   LAW 

and  addresses  of  all  such  persons  in  said  county  to  the  superintendent 
of  school  for  the  defective. 

Section  2346.  All  feeble-minded  persons,  resident  in  the  State  of 
Montana,  and  qualified  after  the  general  manner  prescribed  in  Section 
13  of  this  Act,  shall  be  admitted  into  this  school:  Provided,  That 
every  such  person  shall  be  capable,  in  the  judgment  of  the  trustees,  of 
at  least  some  mental,  moral  or  physical  training,  such  as  falls  within  the 
proper  function  of  a  school,  as  distinct  from  an  asylum.  To  the  end 
that  the  board  of  trustees  may  arrive  at  some  definite  method  of  judging 
such  cases,  they  are  hereby  empowered  to  ascertain  and  establish  cer- 
tain tests,  which  tests  shall  be  thoroughly  and  impartially  applied  to 
each  case  before  final  admission  into  the  school,  and  it  shall  be  the 
objects  of  said  tests  to  ascertain  in  each  case  if  there  be  any  capacity  for 
mental,  moral  or  physical  training;  and  provided  further,  that  as  soon 
as  possible,  in  the  judgment  of  the  board  of  trustees,  by  and  with  the 
consent  of  the  State  Board  of  Education,  a  separate  building  and 
premises  adjoining  yet  distinct  from  those  of  the  deaf  and  blind,  shall 
be  provided  for  such  feeble-minded  persons,  which  building  and  prem- 
ises shall  be  more  especially  adapted  to  the  peculiar  needs  of  said  feeble- 
minded class  of  persons.  The  said  feeble-minded  department  shall  be 
under  the  general  control  and  supervision  of  said  board  of  trustees  and 
superintendent,  but  the  trustees,  after  consultation  with  the  super- 
intendent and  at  his  request,  may  appoint  an  assistant  superintendent, 
together  with  specially  trained  teachers  and  attendants,  whenever  in 
their  judgment  said  feeble-minded  department  herein  provided  for  shall 
seem  to  need  such  additional  attention  and  supervision. 

Section  2347.  No  moneys  belonging  to  the  "deaf  and  dumb  fund'' 
created  by  Sections  8  and  9  of  the  act  of  M!arch  I,  1893,  shall  be  other- 
wise expended  than  for  the  deaf  and  dumb  department  alone  of  this 
school ;  and  no  moneys  belonging  to  any  fund  which  may  be  hereafter 
created  especially  for  the  blind  and  feeble-minded  department  of  this 
school  shall  be  otherwise  expended  than  for  such  department  alone,  is 
expressly  designated  in  the  act  or  acts  creating  such  fund  or  funds. 

Section  2348.  The  State  Board  of  Education  shall  have  power  to 
receive,  hold,  manage  and  dispose  of  any  and  all  real  and  personal 
property  made  over  to  them  by  purchase,  gift,  devise,  bequest  or  other- 
wise, and  the  proceeds  and  interests  thereof  for  the  use  and  benefit  of 
the  school. 

Section  2349.  The  regular  term  of  school  shall  begin  on  the  sec- 
ond Wednesday  of  September  in  each  year  and  close  on  the  second 
Wednesday  of  June  following. 


STATE    OF    MONTANA.  85 


Section  2350.  The  State  Board  of  Education  shall  have  power  to 
remove  any  trustee  for  inexcusable  and  repeated  absence  from  meet- 
ings, or  gross  neglect  of  the  duties  prescribed  in  this  act,  or  other  good 
and  sufficient  reasons,  and  every  such  vacancy  occurring  by  death, 
removal  or  otherwise,  shall  be  filled  in  the  manner  prescribed  in  Section 
3  of  this  act. 

Section  2351.  The  board  of  trustees  herein  provided  for  shall,  as 
soon  as  possible  after  their  organization,  and  with  the  aid  and  advice  of 
the  superintendent,  whom  they  shall  have  elected,  formulate  a  set  of 
by-laws  for  the  wise  regulation  and  government  of  the  school,  which 
by-laws  shall  be  submitted  to  the  State  Board  of  Education  for  their 
approval  and  ratification.  Said  by-laws  shall  then  be  firmly  and  impar- 
tially enforced  in  the  school,  and  any  failure  to  comply  with  said  by- 
laws shall  submit  the  offender  to  a  loss  of  employment  or  of  the  privi- 
leges and  advantages  of  said  school,  at  the  option  of  the  superintendent 
in  consultation  with  the  trustees. 

Section  2352.  On  or  before  the  first  day  of  December,  1895,  and 
annually  thereafter,  a  report  shall  be  made  to  the  State  Board  of  Edu- 
cation, which  report  shall  include  reports  from  the  superintendent,  the 
president  of  the  board  of  trustees,  and  the  visiting  physician,  and  shall 
give  complete  and  full  information  as  follows,  to-wit : 

ist.  The  amount  of  moneys  received  and  expended  since  the  last 
report,  in  detail. 

2nd.  The  estimated  value  of  real  estate  and  buildings,  and  the  costs 
of  all  improvements,  if  any,  made  since  the  last  report. 

3rd.  The  number  of  pupils  at  any  time  in  attendance  since  the  last 
report,  with  names,  ages  and  addresses,  cause  of  deafness,  etc. 

4th.  Health  of  the  school,  its  sanitary  condition,  and  any  deaths  or 
illness,  if  any,  since  the  last  report. 

5th.  The  number  of  teachers,  officers  and  employes  in  employment 
since  the  last  report,  with  names,  salaries,  etc. 

6th.  All  recommendations  that  may  be  deemed  needful,  and  all 
other  useful  information  touching  any  point  of  interest  connected  with 
said  school  at  the  time  this  report  is  made  shall  be  set  forth  therein, 

Ssection  2353.  The  lands  heretofore  granted  by  the  government  of 
the  United  States  to  the  State  of  Montana,  for  the  use  and  benefit  of  the 
deaf  and  dumb  are  hereby  set  apart  and  declared  to  be  for  the  use  in 
perpetuity  of  said  school,  and  all  funds  arising  from  the  sale  or  leasing 
of  said  lands  or  any  part  or  portion  thereof,  shall  be  sacredly  applied  to 
the  proper  use  and  benefit  thereof,  and  all  donations,  gifts,  devises  or 
grants  which  shall  hereafter  be  made  by  any  person  or  corporation  to 


86  GENERAL   SCHOOL  LAW 

said  school,  shall  rest  in  the  State  of  Montana  for  the  use  and  benefit 
thereof. 

Section  2354.  There  is  hereby  created  a  fund  to  be  known  as  the 
"deaf  an  dumb  fund,"  in  which  all  moneys  for  the  use  of  said  school 
shall  be  kept  by  the  State  Treasurer. 

CHAPTER  VIII. 

AUTHORIZING  THE  STATE  BOARD  OF  EDUCATION  TO  SELCE  LANDS  FOR 

EDUCATIONAL   INSTITUTIONS. 
Sec.  Sec. 

3580.    Selection  of  lands  for  educational     3581.    Certificate  of  selection, 
institutions.  3582.    Article   not   obligatory. 

Section  3580.  The  State  Board  of  Education  is  authorzied  to  select 
from  the  school  lands  and  other  public  lands  of  the  state  suitable  sites 
for  the  location  of  the  State  University,  the  Agricultural  College  and 
Experimental  Station,  the  School  of  Mines,  and  the  Normal  School, 
within  the  limits  prescribed  in  the  Acts  locating  the  said  institutions 
respectively,  which  sites  may  include  sufficient  land  for  the  proper  use 
and  maintenance  of  said  institutions,  and  said  lands  when  so  selected, 
shall  be,  and  they  are  hereby  set  apart  and  dedicated  to  and  for  the 
sole  use  and  purpose  of  the  said  institutions. 

Section  3581.  It  shall  be  the  duty  of  said  State  Board  of  Educa- 
tion, when  any  selection  shall  be  made  by  it  under  the  authority  of 
Section  I  of  this  act,  to  make  a  certificate  of  such  selection,  which  certi- 
ficate shall  contain  the  date  of  such  selection,  a  description  of  the  lands 
selected,  for  what  institution  selected,  and  a  reference  to  this  act  by  its 
title,  and  the  date  of  its  approval,  as  the  authority  for  its  said  action, 
and  said  certificate  when  so  made  shall  be  signed  for  said  board  by  the 
President  and  Secretary  thereof,  and  filed  and  recorded  with  the  Clerk 
and  Recorder  of  the  county  in  which  said  lands  are  situated,  and  a  copy 
thereof  shall  be  filed  with  the  State  Board  of  Land  Commissioners. 

Section  3582.  This  Act  shall  not  be  construed  as  obligatory  upon 
said  State  Board  of  Education  to  make  such  selection  from  the  school 
or  public  lands  of  the  State  but  it  may  in  its  discretion  select  such 
State  or  public  lands  or  other  lands  as  it  may  deem  advisable  for  the 
best  interests  of  said  institutions. 


STATE    OF   MONTANA.  87 

CHAPTER  IX. 

TEXT    BOOKS. 

HOUSE  BILL  NO.  i. 

An  Act  to  create  a  Board  of  Text  Book  Commissioners  for  the  purpose 
of  establishing  a  uniform  series  of  text-books  for  the  public  schools 
of  Montana  and  to  regulate  the  supply  of  the  same,  defining  the 
duties  and  powers  of  said  Board,  and  to  appropriate  for  their  ex- 
penses a  sum  of  money  therein  named. 

Section  I.  The  Superintendent  of  Public  Instruction,  the  Attorney 
General,  the  President  of  the  University,  the  President  of  the  Agricult- 
ural College  and  three  public  school  teachers  actively  engaged  in  public 
school  work  of  the  State,  which  said  teachers  shall  be  appointed  by  the 
Governor  shall  constitute  a  State  Board  of  Text-book  Commissioners, 
and  who  shall  perform  the  duties  hereinafter  provided,  and  the  Super- 
intendent of  Public  Instruction  shall  be  chairman  of  such  board. 

Section  2.  The  State  Board  of  Text-book  Commissioners  shall 
meet  at  the  office  of  the  Superintendent  of  Public  Instruction  in  the 
City  of  Helena,  Montana,  on  the  first  Monday  of  May,  1897,  for  the  pur- 
pose of  selecting  and  adopting  a  uniform  series  of  text-books  for  use  in 
all  public  schools  of  the  state.  The  said  board  shall  appoint  a  secretary 
from  one  of  their  members  and  shall  have  power  to  formulate  rules  for 
its  own  government,  and  five  members  thereof  shall  constitute  a  quo- 
rum. 

Section  3.  Immediately  upon  the  approval  of  this  act,  the  superin- 
tendent of  Public  Instruction  shall  advertise  for  thirty  (30)  days  in  two 
(2)  daily  newspapers  published  in  the  State,  giving  notice  that  the  State 
Board  of  Text-book  Commissioners  will  meet,  as  herein  aforesaid  and 
receive  sealed  proposals  up  to  12  o'clock  noon  of  said  day  for  sup- 
plying the  State  of  Montana  with  a  uniform  series  of  text-books  for 
use  in  all  the  public  schools  of  said  state,  for  a  term  of  six  years  from 
and  after  the  first  day  of  September,  A.  D.  1897,  in  the  following 
branches,  viz:  Spelling,  Reading,  Suplementary  Reading,  Writing, 
Arithmetic,  Geography,  Grammar,  Physiology  and  Hygiene,  Civil 
Government,  History  of  the  United  States,  and  in  all  other  branches 
taught  in  the  graded  and  common  schools  of  the  State.  Said  sealed 
proposals  shall  be  addressed  to  the  chairman  of  the  State  Board  of 
Text-book  Commissioners,  Helena,  Montana,  and  shall  be  endorsed 
"sealed  proposals  for  supplying  text-books  for  use  in  the  State  of  Mon- 
tana." Said  proposals  shall  state  the  net  wholesale  price  at  which 
the  publishers  whose  books  may  be  adopted  by  the  said  text-book 
commission,  will  agree  to  deliver  the  same  ip.  the  city  of  Chicago,  F. 


88  GENERAL   SCHOOL   LAW 

O.  B.  cars  to  merchants  in  Montana  or  school  districts  purchasing  the 
same.  They  shall  also  state  the  exchange  price  for  the  new  books 
adopted  in  exchange  for  the  old  books  in  the  hands  of  the  pupils  that 
may  be  displaced,  grade  for  grade  and  will  further  state  a  retail  price 
at  which  the  text-books  so  adopted  shall  be  sold  uniformly  in  at  least 
one  place  in  each  county  throughout  the  State.  The  publishers  con- 
tracting and  agreeing  to  supply  books  for  use  in  the  State  of  Mon- 
tana under  the  provisions  of  this  act,  will  cause  to  be  prepared  a  special 
map  and  special  supplement  descriptive,  of  Montana  for  the  Geography 
adopted  by  the  said  Commission.  They  will  also  cause  to  be  prepared 
a  special  supplement  for  Montana  for  the  Civil  Government  adopted, 
which  supplement  shall  contain  not  less  than  thirty  pages.  They  shall 
further,  agree  to  maintain  the  mechanical  excellence  of  the  books  adopt- 
ed by  said  Commission,  at  least  equal  to  the  samples  submitted,  in 
respect  to  binding,  printing,  quality  of  paper,  and  other  essential  fea- 
tures and  the  books  shall  be  of  the  latest  revised  editions.  The  map 
and  special  descriptive  Geography  of  Montana  shall  be  revised  every 
three  years  by  the  publisher. 

Section  4.  It  shall  be  the  duty  of  the  said  Board  of  Text-book  Com- 
missioners to  meet  at  the  time  and  place  mentioned  in  said  notice  and 
open  said  sealed  proposals  in  the  presence  of  a  quorum  of  said  board, 
and  in  public,  to  select  and  adopt  such  text-books  for  use  in  the  public 
schools  as  in  their  opinion  will  best  subserve  the  educational  interests 
of  the  State.  The  series  of  text-books  so  selected  and  adopted  by  the 
said  Board  of  Text-book  Commissioners  shall  be  certified  to  by  the 
Chairman  and  Secretary,  and  said  certificate  with  a  copy  of  all  the  books 
named  therein  shall  be  placed  on  file  in  the  office  of  the  State  Superin- 
tendent of  Public  Instruction.  Such  certificate  must  contain  a  com- 
plete list  of  all  the  books  adopted  by  the  said  board,  giving  the  whole- 
sale, retail  and  exchange  prices  for  which  each  kind  and  grade  will  be 
furnished,  as  provided  in  the  preceding  section,  and  the  name  of  the 
publisher  agreeing  to  furnish  same.  The  said  books  named  in  said  cer- 
tificate shall  for  a  period  of  six  (6)  years  from  and  after  the  first  day  of 
September,  eighteen  hundred  and  ninety-seven,  be  used  in  all  the 
public  schools  of  the  state  to  the  exclusion  of  all  others. 

Section  5.  The  said.  Board  of  Text-book  Commissioners  shall  have 
power  to  make  such  contracts  and  agreements  with  publishers  as  they 
shall  deem  necessary  for  the  best  interests  of  the  public  schools  of  the 
State,  and  shall  require  of  all  publishers  contracting  and  agreeing  to 
furnish  books  adopted  by  the  said  Board  of  Text-book  Commissioners 
bonds  equal  in  amount  to  one-half  of  the  value  of  the  books  to  be  fur- 
nished, and  for  the  faithful  performance  of  the  conditions  of  the  said 


STATE    OF    MONTANA.  89 


contract;  Provided,  that  the  publishers  contracting  with  the  said  Board 
of  Text-book  Commissioners  shall  agree  to  give  the  State  of  Montana 
the  benefit  of  any  reduction  that  may  hereafter  be  made  in  the  price 
of  any  book  adopted  by  them  and  during  the  life  of  said  contract ;  Pro- 
vided, further,  that  the  said  Board  of  Text-book  Commissioners  may  at 
their  discretion,  reject  any  and  all  proposals,  if  it  is  deemed  by  them  to 
be  to  the  interests  of  the  State  so  to  do,  and  they  shall  advertise  for  new 
proposals  stating  the  time  when  such  proposals  will  be  received  by 
them,  not  later  however  than  thirty  days  from  the  rejection  of  the  first 
proposal;  Provided  further,  that  the  contract  prices  of  such  text  books 
shall  not  exceed  the  lowest  wholesale  price  charged  for  the  same  book  in 
Chicago,  F.  O.  B.,  to  any  State  in  the  United  States. 

Section  6.  The  contract  with  the  publishers  shall  take  effect  only 
when  the  publishers  of  the  books  adopted  by  said  Text-book  Commis- 
sion shall  have  filed  with  the  Secretary  of  State,  their  bond,  with  at 
least  sufficient  sureties,  to  be  approved  by  the  Governor  in  such  sum 
as  shall  be  determined  by  the  said  Board  of  Text-book  Commissioners; 
conditioned,  that  they  shall  comply  with  the  terms  of  their  proposal  to 
the  State  and  such  further  conditions  as  may  be  agreed  upon  between 
the  said  Board  of  Text-book  Commissioners  and  the  publishers  con- 
tracting with  the  State. 

Section  7.  In  case  the  publishers  of  the  books  adopted  by  said 
Board  of  Text-book  Commissioners  shall  not,  on  or  before  the  first 
day  of  July,  A.  D.  eighteen  hundred  and  ninety-seven,  have  filed  with 
the  Secretary  of  State  their  bond  as  hereinbefore  provided,  or  in  case 
they  shall  not  on  or  before  the  first  day  of  July,  A.  D.  eighteen  hun- 
dred and  ninety-eight,  have  performed  all  the  obligations  of  their 
bonds,  with  respect  to  the  exchange  and  introduction  of  books,  and  the 
preparation  and  supply  of  the  special  map  and  special  descriptive  mat- 
ter for  the  Geography  so  adopted,  or  the  special  supplement  for  the 
Civil  Government,  or  in  case  they  shall  at  any  time  thereafter  violate 
or  fail  to  perform  any  of  the  conditions  specified  in  their  bond  as  here- 
inbefore provided,  and  shall  fail  within  a  reasonable  time  after  due 
notice  shall  have  been  given  them  by  the  State  Superintendent  of 
Public  Instruction  to  make  good  their  guarantee  in  any  respect  in 
which  they  may  have  failed,  then  this  adoption  shall  become  null  and 
void.  The  said  text-books  adopted  by  the  said  Text-book  Commission 
under  this  Act,  and  upon  compliance  by  the  publishers  of  the  conditions 
aforesaid  shall  continue  in  use  for  the  period  of  six  (6)  years  from  the 
first  day  of  September,  eighteen  hundred  and  ninety-seven,  to  the 
exclusion  of  all  others,  and  until  otherwise  provided  by  Statute. 

Section  8.     Whenever  the  publishers  of  the  books  adopted  under 


90  GENERAL,   SCHOOL   LAW 

the  provision  of  this  bill  shall  have  filed  their  bond,  as  hereinbefore 
provided  for,  it  shall  be  the  duty  of  the  State  Superintendent  of  Public 
Instruction  to  cause  all  prices  of  the  text-books  as  guaranteed  by  the 
publishers  to  be  properly  printed  and  distributed  through  the  county 
superintendents  to  the  trustees  of  all  school  districts  in  the  State  who 
shall  cause  the  same  to  be  kept  constantly  posted  in  a  conspicuous 
place  in  each  school  room  in  their  district  ,and  it  shall  be  the  duty  of 
the  several  county  superintendents  to  keep  themselves  informed  as  to 
whether  such  prices  are  actually  maintained  by  the  said  publishers. 

Section  9.  Any  school  officer,  teacher  or  trustee  who  shall  use  or 
provide  for  the  use  in  any  of  the  public  schools  of  the  State,  of  text- 
books other  than  those  adopted  by  the  said  State  Board  of  Text-book 
Commissioners  shall  be  deemed  guilty  of  a  misdemeanor. 

Section  10.  All  County  Superintendents  and  school  officers  are 
charged  with  the  execution  of  this  law  and  the  County  School  Super- 
intendents shall  require  the  trustees  of  the  several  school  districts,  or 
the  clerks  thereof,  to  report  annually  whether  or  not  the  authorized 
text-books  are  used  in  their  schools. 

Section  n.  Upon  the  petition  of  ten  (10)  legal  voters  of  any  school 
district  other  than  in  incorporated  cities,  and  upon  petition  of  one  hun- 
dred (100)  legal  voters  in  incorporated  cities,  towns  and  villages  filed 
with  the  Board  of  Trustees  or  Board  of  Education,  as  the  case  may  be, 
fifteen  days  preceding  a  regular  annual  election  of  trustees  or  members 
of  the  Board  of  Education,  it  shall  be  the  duty  of  the  Board  of  Educa- 
tion or  the  School  Trustees,  as  the  case  may  be,  to  notify  the  voters  of 
such  school  district  that  an  election  "for"  or  "against"  free  text-books 
will  be  held  at  next  ensuing  election  for  members  of  the  Board  of 
Education  or  School  Trustees,  and  the  ballots  to  such  effect  shall  be 
received  and  canvassed  at  such  election;  and  if  a  majority  of  all  the 
votes  cast  in  the  district  shall  be  found  by  such  vote  to  be  in  favor 
of  free  text-books,  it  shall  be  the  duty  of  the  trustees  or  Board  of 
Education,  as  the  case  may  be,  to  purchase  at  the  expense  of  such 
school  district  all  the  text-books  required  for  the  use  of  the  pupils 
attending  school  in  such  school  district;  and  such  text-books  shall  be 
loaned  to  the  pupils  of  said  public  school,  free  of  charge,  subject  to 
such  rules  and  regulations  as  to  care  and  custody  as  the  Board  of 
Education  or  School  Trustees  may  prescribe;  Provided,  that  pupils 
may  purchase  at  cost  any  of  the  text-books  so  furnished,  when  desired 
by  them. 

Section  12.  That  for  the  purpose  of  raising  money  to  pay  for  school 
books  which  may  be  furnished  to  pupils  free  by  any  district  adopting 
free  text  books  a  special  levy  on  the  taxable  property  of  said  district 


STATE    OF   MONTANA.  91 

shall  be  made  by  the  County  Commissioners  of  the  County  on  esti- 
mates furnished  by  the  school  trustees  of  the  district,  if  the  money  re- 
ceived from  the  district  from  the  general  fund  be  insufficient,  and  said 
levy  shall  be  made  within  thirty  days  from,  and  after  the  adoption  of 
said  free  text-books  in  any  district  that  has  by  majority  vote  adopted 
the  same  and  when  so  made  the  tax  levied  shall  be  collected  in  the 
same  manner  as  other  taxes  are  collected. 

Section  13.  The  said  Board  of  Text-book  Commissioners  provided 
for  by  this  act,  except  the  State  Superintendent  of  Public  Instruction, 
the  Attorney  General,  President  of  Agricultural  College,  President  of 
University  of  Montana,  shall  receive  the  sum  of  six  dollars  per  diem 
for  each  day  necessarily  engaged  in  transacting  business,  and  while 
in  session,  and  ten  cents  per  mile  each  way  for  each  mile  necessarily 
traveled,  and  there  is  hereby  appropriated  the  sum  of  one  thousand 
dollars  ($1,000),  or  so  much  thereof  as  may  be  necessary  to  carry  out 
the  provisions  of  this  Act. 

Section  14.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  Act,  be  and  the  same  are  hereby  repealed. 

Section  15.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

(Approved  March  1st,  1897.) 

SENATE  BILL  NO.  i. 
CHAPTER  X. 

UNIVERSITY  BOND    BILL. 

An  Act  to  provide  for  the  erection,  completion,  furnishing  and  equip- 
ment of  buildings  for  the  University  of  Montana. 
Section  i.  The  State  Board  of  Land  Commissioners  of  the  State  of 
Montana  is  hereby  authorized  to  issue  bonds  to  the  amount  of  one 
hundred  thousand  dollars  ($100,000.00),  the  minimum  denomination  of 
which  shall  be  fifty  dollars  ($50.00)  and  the  maximum  denomination 
shall  be  one  thousand  dollars  ($1,000.00)  each;  said  bonds  to  be  known 
as  the  State  University  Bonds,  which  shall  bear  date  of  July  first,  1897, 
to  become  due  thirty  (30)  years  after  date  and  payable  after  twenty  (20) 
years  after  date  thereof;  said  bonds  shall  bear  interest  at  the  rate  of 
not  more  than  six  (6)  per  cent  per  annum  payable  semi-annually  on  the 
first  day  of  January  and  July  of  each  year  at  the  office  of  the  State 
Treasurer  of  the  State  of  Montana;  said  bonds  shall  run  from  the  State 
Board  of  Land  Commissioners  of  the  State  of  Montana  to  bearer,  and 
shall  be  signed  by  the  State  Board  of  Land  Commissioners  and  coun- 
tersigned by  the  Secretary  of  State,  who  shall  attach  his  seal  thereto. 


92  GENERAL    SCHOOL   LAW 

Section  2.  The  bonds  provided  for  in  the  first  section  of  this  Act 
shall  be  issued  and  sold  as  soon  as  possible  after  the  passage  of  this 
Act. 

Section  3.  All  funds  realized  from  the  sales  of  licenses  to  cut  trees, 
leasing  of  said  lands  or  from  the  profits  arising  from  the  permanent  fund 
to  be  created,  as  provided  for  by  Section  14  of  an  Act  of  Congress,  ap- 
proved February  22,  1889,  entitled  "An  Act  to  provide  for  the  division 
of  Dakota  into  two  States,  and  to  enable  the  people  of  North  Dakota, 
South  Dakota,  Montana  and  Washington  to  form  constitutions  and 
State  Governments  ,and  to  be  admitted  into  the  Union  on  an  equal 
footing  with  the  Original  States  and  to  make  donations  of  public  lands 
to  such  States"  (said  land  being  forty-six  thousand  and  eighty  (46080) 
acres)  granted  to  the  Territory  of  Montana  by  the  Act  of  February  18, 
1881,  and  vested  in  the  State  of  Montana  by  the  act  of  February  22, 
1889)  for  the  establishment  and  maintenance  of  a  University;  are  here- 
by pledged  as  security  for  the  payment  of  the  principal  and  interest  of 
the  bonds  authorized  by  this  Act,  and  all  revenue  or  profits  derived 
from  the  said  lands  or  said  permanent  fund  to  be  created,  or  any  of 
them,  whether  on  account  of  lease,  sales  of  licenses  to  cut  trees,  or  oth-' 
erwise,  are  hereby  set  apart  and  shall  constitute  a  fund  for  the  payment 
as  hereinafter  provided  of  the  principal  and  interest  of  the  said  bonds,, 
which  bonds  shall  be  a  first  lien  on  said  University  Bond  Fund. 

Section  4.  It  shall  be  the  duty  of  the  State  Treasurer  to  keep  all 
moneys  derived  from  the  University  lands  hereinbefore  mentioned  in  a 
separate  fund,  to  be  known  and  designated  as  the  University  Bond 
Fund  and  out  of  the  moneys  of  such  fund,  he  shall  pay  after  approval 
by  the  State  Board  of  Examiners : 

First:  The  cost  and  expenses  of  issuing  of  the  bonds  herein  pro- 
vided for — 

Second:  The  interest  on  the  bonds  herein  authorized  when  due, 
and, 

Third:  When  bonds  shall  become  payable,  he  shall  call  in  and  pay 
them  as  rapidly  as  the  moneys  in  such  fund  will  permit  after  providing 
for  the  interest.  That  in  the  event  there  shall  not  be  sufficient  funds  in 
the  University  Bond  Fund  to  pay  the  interest  when  due,  the  State 
Board  of  Examiners  shall,  by  an  order  entered  upon  their  minutes 
cause  warrants  to  be  issued  on  the  University  Bond  Fund  for  the 
amount  of  the  interest  due,  and  the  warrants  so  issued  shall  draw  inter- 
est at  the  rate  of  six  (6)  per  cent  per  annum,  and  said  warrants  shall 
be  paid  by  the  Treasurer  as  soon  as  sufficient  funds  accumulate  in  said 
fund  to  pay  the  same  ,and  by  reason  of  the  delivery  of  the  said  warrants 


STATE    OF    MONTANA.  93 


to  the  holders  of  the  said  bonds  in  satisfaction  of  the  accrued  interest, 
there  shall  be  no  default  in  the  payment  of  the  interest 

Section  5.  It  shall  be  the  duty  of  the  State  Treasurer  to  give  notice, 
by  advertising  for  not  less  than  two  (2)  weeks  daily  in  one  newspaper, 
published  in  the  City  of  Helena,  Montana,  and  in  one  newspaper  pub- 
lished in  the  City  of  New  York,  chat  he  will  on  April  fifth,  1897,  sell  one 
hundred  thousand  dollars  ($100,000.00)  of  the  bonds  herein  authorized 
and  will  receive  bids  therefor  and  said  bonds  shall  on  said  day  be  by 
him  sold  to  the  highest  bidder:  Provided,  that  the  State  Board  of 
Education  shall  open  all  bids  and  shall  have  the  right  to  reject  any  or  all 
bids.  If  no  bids  are  then  received  and  accepted  said  bonds  may  then 
be  sold  afterwards  at  private  sale,  provided  however,  that  none  of  the 
said  bonds  shall  at  any  time  be  sold  at  less  than  par. 

Section  6.  The  moneys  derived  from  the  sale  of  the  said  bonds  shall 
be  used  to  erect,  furnish  and  equip  buildings  for  the  use  and  benefit  of 
the  University  of  Mbntana  at  the  City  of  M'issoula  in  said  State,  and 
shall  by  the  State  Treasurer  be  paid  out  on  the  warrants  of  the  building 
commission  of  said  University  as  hereafter  provided. 

Section  7.  There  is  hereby  created  a  building  commission  to  be 
composed  of  five  persons  to  be  appointed  by  the  Governor  of  the  State, 
no  more  than  two  of  whom  shall  be  of  the  same  political  party  and  all 
residents  of  the  City  of  Missoula,  who  shall  serve  without  compensa- 
tion, whose  duty  it  shall  be  to  contract  for  the  erection  and  furnishing 
of  suitable  building's  for  the  use  and  benefit  of  the  University  of  Mon- 
tana, the  said  commission  shall  have  charge  and  supervision  over  the 
construction  of  said  buildings  and  all  things  pertaining  thereto;  and 
shall  have  authority  from  time  to  time  to  draw  their  warrants  on  the 
Treasurer  of  the  State  of  Montana  for  such  sum  or  sums  as  may  be 
due  any  contractor  or  employe  engaged  in  and  about  the  erection  of  the 
said  buildings  which  warrants  shall  be  paid  by  the  said  State  Treasurer 
out  of  any  funds  in  his  hands  arising  from  the  sale  of  bonds  provided 
for  in  this  act.  Said  Building  Commission  is  hereby  authorized  to  em- 
ploy an  architect  and  such  other  assistants  as  it  may  deem  necessary  in 
preparing  the  plans,  specifications  and  superintending  the  construc- 
tion of  said  buildings  and  the  expense  thereof  shall  be  paid  out  of  the 
funds  as  hereinbefore  provided  for  the  erection  of  said  buildings,  pro- 
vided that  all  architects,  superintendents  and  contractors  shall  be  citi- 
zens of  the  State  of  Montana.  Said  Commission  shall  make  report 
from  time  to  time,  to  the  stated  meetings  of  the  State  Board  of  Educa- 
tion, of  the  progress  of  said  work  and  the  expenditures  therefor. 

Section  8.  The  State  of  Montana  shall  in  no  wise  be  held  liable  for 
the  payment  of  the  bonds  herein  authorized  or  interest  thereon. 

(Approved  March  4th,   1897.) 


94  GENERAL,  SCHOOL   LAW 

SENATE  BILL  NO.  74. 
CHAPTER  XL 

SCHOOL  OF  MINES  BOND  BILL. 

An  Act  authorizing  the  issuance  of  bonds  to  provide  for  the  payment 
of  outstanding  warrants  and  for  the  erection  and  completion  of  a 
building  for  the  school  of  mines  at  the  City  of  Butte  and  providing 
for  the  payment  of  interest  thereon,  and  repealing  sections  1584, 
1600  and  1601  of  the  Political  Code  of  Montana. 
Section  i.     The  Board  of  School  of  Mines  Commissioners  and  the 
State  Board  of  Land  Commissioners  of  the  State  of  Montana  are  here- 
by authorized  to  issue  and  dispose  of  bonds  for  the  purpose  of  erecting 
a  building  to  be  known  as  the  "School  of  Mines  Building"  to  be 
located  in  the  City  of  Butte,  Montana,  under  the  following  conditions 
and  restrictions,  to-wit: 

First.  The  aggregate  amount  of  bonds  authorized  by  this  Act 
shall  not  exceed  the  sum  of  One  Hundred  and  Twenty  Thousand  Dol- 
lars ($120,000). 

Second.  The  denomination  of  each  bond  shall  be  one  hundred 
dollars,  or  any  multiple  thereof,  but  the  maximum  amount  of  any  bond 
shall  not  exceed  the  sum  of  One  Thousand  Dollars. 

Third.  The  term  of  said  bonds  shall  not  exceed  thirty  years  from 
their  date,  and  they  shall  be  payable  at  any  time  after  fifteen  years  from 
their  date  at  the  option  of  the  issuers. 

Fourth.  The  bonds  may  bear  any  rate  of  interest  not  in  excess 
of  six  per  centum  per  annum,  and  the  interest  may  be  payable  semi- 
annually. 

Fifth.  The  principal  and  interest  shall  be  payable  at  such  place 
and  in  such  manner  as  is  designated  in  the  bond. 

Sixth.  The  Board  of  School  of  Mines  Commissioners  and  the 
State  Board  of  Land  Commissioners  shall  prescribe  the  form  of  the 
bond,  the  bonds  shall  bear  upon  their  face  the  words  "School  of  Mines 
Building  Bond  of  the  State  of  Montana"  and  they  shall  be  signed  by 
the  members  of  the  Board  of  School  of  Mines  Commissioners  and  the 
State  Board  of  Land  Commissioners  and  shall  be  countersigned  by  the 
Secretary  and  Treasurer  of  the  State  and  the  seal  of  the  state,  shall  be 
affixed  to  each  bond,  and  the  bonds  shall  be  registered  in  the  office 
of  the  State  Treasurer. 

Seventh.  The  coupons  representing  the  interest  on  the  bonds  shall 
be  signed  by  the  State  Treasurer,  or  an  engraved  or  lithographic  fac- 
simile of  the  signature  of  the  Treasurer  may  be  affixed  thereto  provided 
it  is  so  authorized  in  the  bond. 


STATE    OF   MONTANA.  95 


Section  2.  The  bonds  provided  for  in  this  act  shall  be  disposed  of 
by  the  Board  of  School  of  Mines  Commissioners  and  the  State  Board 
of  Land  Commissioners  in  such  a  manner  as  they  shall  deem  it  for  the 
best  interests  of  the  State,  provided,  that  no  bond  shall  be  disposed  of 
for  less  than  its  par  value. 

Section  3.  To  provide  for  the  payment  of  the  interest  and  princi- 
pal of  the  bonds  authorized  by  this  act,  there  is  hereby  created  a  special 
fund  to  be  known  as  "The  School  of  Mines  Building  Interest  and 
Sinking  Fund,"  into  which  shall  be  paid  all  sums  of  money  realized 
from  sales  of  lands,  licenses  to  cut  trees,  leasing  of  lands,  profits  of  any 
and  all  other  sources  by  reason  of  the  grants  of  lands  by  Congress  to 
the  State  of  Montana  for  the  establishment  and  maintenance  of  a 
school  of  mines,  as  provided  by  sections  12  and  17  of  an  act  of  the 
United  States  Congress  entitled  "An  Act  to  provide  for  the  division 
of  Dakota  into  two  states,  and  to  enable  the  people  of  North  Dakota, 
South  Dakota,  Montana  and  Washington  to  form  constitutions  and 
State  Governments,  and  to  be  admitted  into  the  Union  on  an  equal 
footing  with  the  original  States,  and  to  make  donations  of  public  lands 
to  such  states,"  approved  February  22nd  ,1889,  and  from  said  "School 
of  Mines  Building  Interest  and  Sinking  Fund"  there  shall,  as  the  same 
become  due  and  payable,  be  paid  the  interest  on  said  bonds;  and  it  is 
further  provided,  that  it  is  the  duty  of  the  "State  Board  of  Land  Com- 
missioners" whenever  there  are  any  funds  in  the  said  "School  of  Mines 
Building  Interest  and  Sinking  Fund"  over  and  above  the  sum  of 
twenty-five  hundred  dollars  in  excess  of  the  amount  required  to  pay 
the  yearly  interest  on  said  bonds,  to  invest  such  excess  funds  in  the 
manner  set  forth  and  provided  in  section  4  of  this  act,  and  the  amount 
so  invested  shall  constitute  a  "permanent  fund"  to  pay  the  principal  of 
the  said  bonds;  but  all  interest  or  profit  derived  from  the  investment 
shall  be  paid  into  the  said  "School  of  Mines  Building  Interest  and 
Sinking  Fund"  and  the  principal  and  interest  of  the  said  bonds  shall  be 
a  first  lien  upon  said  funds ;  and  all  the  lands  granted  and  belonging  to 
the  State,  for  the  purpose  of  establishing  and  maintaining  a  School  of 
Mines. 

Section  4.  The  State  Board  of  Land  Commissioners  are  hereby 
authorized  and  directed  to  create  a  "permanent  fund"  for  the  payment 
of  the  bonds  authorized  by  this  act,  from  the  following  revenues,  to- 
wit:  Whenever  the  revenues  in  any  year  are  sufficient  to  pay  the  interest 
on  the  said  bonds  and  there  shall  be  in  excess  thereof  the  sum  of  twen- 
ty-five hundred  dollars  ,then  any  and  all  funds  over  and  above  the  said 
sum  of  twenty-five  hundred  dollars  shall  be  invested  for  the  benefit  of 
the  "School  of  Mines  Building  Interest  and  Sinking  Fund"  as  follows, 
to- wit : 


GENERAL,  SCHOOL  LAW 


First.  In  the  bonds  authorized  by  this  act,  provided  they  can  be 
purchased  at  a  cost  not  exceeding  their  par  value  and  accrued  interest 

Second.  In  any  legally  issued  bonds  of  any  county,  school  district, 
city  or  town  of  the  State  of  Montana,  provided  they  can  be  purchased 
at  a  cost  not  exceeding  their  par  value  and  interest. 

Third.  In  any  legally  issued  General  Fund  Warrants  of  the  State 
of  Montana,  or  any  legally  issued  warrants  of  county,  city  or  town  of 
the  State  of  Montana,  provided  they  can  be  purchased  at  a  cost  not 
exceeding  their  par  value  and  accrued  interest;  and  the  said  Board  of 
Land  Commissioners  are  hereby  granted  discretionary  power  in  the 
selection  and  purchase  of  the  securities  hereinbefore  described,  as  to 
the  amount  of  each  they  shall  purchase  and  conditions  of  general  credit 
affecting  the  same. 

Section  5.  It  is  hereby  provided  and  set  forth,  that  in  the  event  the 
State  of  Montana  shall  at  any  time  provide  and  pay  the  interest,  or  any 
part  thereof,  on  the  bonds  authorized  by  this  act,  from  the  general  fund 
of  the  state,  or  by  any  special  appropriation  made  or  tax  levied  there- 
for, then  for  any  and  all  interest  so  paid,  the  State  shall  be  reimbursed 
from  the  said  "School  of  Mines  Building  Interest  and  Sinking  Fund", 
by  the  payment  of  the  amount  so  paid  or  due,  whenever  there  is  suffi- 
cient money  in  said  "School  of  Mines  Building  Interest  and  Sinking 
Fund"  to  pay  the  same. 

Section  6.  The  State  Treasurer  is  hereby  designated  as  the  custo- 
dian of  the  funds  provided  by  this  act  and  he  shall  pay  all  warrants 
properly  drawn  by  the  "Board  of  School  of  Miines  Commissioners"  save 
and  excepting  as  to  the  interest  on  the  bonds,  which  he  shall  pay  as  the 
same  becomes  due  and  charge  the  amount  thereof  to  the  "School  of 
Mines  Building  Interest  and  Sinking  Fund''  hereinbefore  created. 

Section  7.  All  moneys  received  from  the  sale  of  the  bonds  author- 
ized by  this  act  shall  be  paid  to  the  State  Treasurer,  and  shall  constitute 
a  special  fund  for  the  erection  of  the  "School  of  Mines  Building,  and 
shall  be  disbursed  by  the  State  Treasurer  on  warrants  properly  drawn 
by  the  "Board  of  School  of  Mines  Commissioners"  and  including  all 
warrants  heretofore  drawn  by  the  "Board  of  School  of  Mines  Commis- 
sioners" and  registered  prior  to  the  passage  of  this  act. 

Section  8.  Whenever  any  of  the  bonds  authorized  by  this  Act  shall 
become  due  and  payable,  and  there  is  sufficient  funds  to  pay  the  same, 
they  shall  be  called  in  and  paid  in  the  order  of  their  issuance,  beginning 
with  the  lowest  number. 

Section  9.  The  cost  and  expenses  of  issuing  the  bonds  hereinbefore 
authorized  may  be  paid  out  of  the  proceeds  thereof,  or  be  chargable  to 
the  expense  of  the  construction  of  the  building. 


STATE    OF   MONTANA, 


Section  10.  In  the  event  there  shall  not  at  any  time  be  sufficient 
money  in  the  "School  of  Mines  Building  Interest  and  Sinking  Fund"  to 
pay  the  interest  when  due,  the  State  Board  of  Land  Commissioners  and 
the  Board  of  School  of  Mines  Commissioners  shall,  by  an  order  entered 
on  their  minutes  or  record  books,  cause  warrants  to  be  issued  on  the 
said  "School  of  Mines  Building  Interest  and  Sinking  Fund"  for  the 
amount  of  interest  due,  and  the  warrants  so  issued  shall  be  registered 
in  the  office  of  the  Treasurer  of  the  State,  and  shall  bear  interest  at  the 
rate  of  six  per  centum  per  annum,  and  said  warrants  shall  be  paid  by 
the  State  Treasurer  whenever  there  is  sufficient  money  accumulated  in 
said  fund  to  pay  the  same,  and  by  reason  of  the  delivery  of  said  war- 
rants to  the  holders  of  said  bonds  and  the  surrender  of  the  interest 
coupons,  there  shall  be  no  default  in  the  payment  of  interest. 

Section  n.  Nothing  in  this  act  shall  be  so  construed  as  to  in  any 
wise  hold  the  State  of  Montana  liable  for  the  payment  of  the  bonds 
herein  authorized,  except  as  to  the  lien  heretofore  created  against  the 
lands  and  funds  granted  for  the  purpose  of  establishing  and  maintain- 
ing the  School  of  Mines  and  which  lien  shall  not  be  abridged,  annulled 
or  set  aside  until  the  bonds  authorized  by  this  act  shall  have  been  fully 
paid,  together  with  the  interest  thereon  and  the  Governor  is  hereby 
specially  authorized  and  empowered  to  use  all  lawful  means  to  enforce 
the  provisions  of  this  act. 

Section  12.  Sections  1584,  1600  and  1601  of  the  Political  -Code  of 
the  State  of  Montana  and  all  acts  and  parts  of  acts  in  conflict  with  this 
act  are  hereby  repealed. 

Section  13.  There  is  hereby  appropriated  from  the  proceeds  of  the 
sale  of  bonds  authorized  by  this  act  the  sum  of  one  hundred  and  twen- 
ty thousand  dollars  ($120,000)  for  the  fiscal  year  ending  December  the 
first,  1897. 

Section  14.  This  act  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  approval  by  the  Governor. 

(Approved  March  8th,  1897.) 


98  GENERAL,   SCHOOL   UAW 

SENATE  BILL  NO.  69. 
CHAPTER  XII. 

DEAF   AND    DUMB  ASYLUM  BOND  BILL. 

An  Act  authorizing  the  issuance  of  bonds  to  provide  for  the  payment 
of  all  outstanding'  Deaf  and  Dumb  Asylum  Building  Warrants,  to 
complete  the  building  now  in  course  of  construction  at  the  town  of 
Boulder,  County  of  Jefferson,  State  of  Montana,  and  to  erect  cer- 
tain buildings,  make  certain  improvements  on  the  grounds  of  said 
Deaf  and  Dumb  Asylum  at  said  place,  and  to  create  a  sinking  fund 
to  redeem  said  bonds  and  to  repeal  all  conflicting  laws. 
Section  I .     The  state  board  of  education  and  the  state  board  of  land 
commissioners  of  the  State  of  Montana  are  hereby  authorized  to  issue 
and  dispose  of  bonds  for  the  purpose  of  providing  for  the  payment  of 
all  outstanding  Deaf  and  Dumb  Asylum  Building  Warrants,  to  com- 
plete the  building  now  in  course  of  construction  at  the  town  of  Boul- 
der, County  of  Jefferson,  State  of  Montana  ,and  to  erect  certain  im- 
provements on  the  grounds  of  said  Deaf  and  Dumb  Asylum  at  said 
place,  under  the  following  conditions  and  restrictions,  to-wit: 

First:  The  aggregate  amount  of  bonds  authorized  by  this  act  shall 
not  exceed  the  sum  of  sixty-five  thousand  dollars. 

Second:  The  denomination  of  each  bond  shall  be  one  hundred  dol- 
lars, or  any  multiple  thereof,  but  the  maximum  amount  of  any  bond 
shall  not  exceed  the  sum  of  one  thousand  dollars. 

Third:  The  terms  of  said  bonds  shall  not  exceed  thirty  years  from 
their  date,  and  they  shall  be  payable  at  any  time  after  fifteen  years  from 
their  date  at  the  option  of  the  issuers. 

Fourth:  The  bonds  may  bear  any  rate  of  interest  not  in  excess  of  six 
per  centum  per  annum  and  the  interest  may  be  payable  semi-annually. 
Fifth:  The  principal  and  interest  shall  be  payable  at  such  place  and 
in  such  maner  as  is  designated  in  the  bond. 

Sixth:  The  State  Board  of  Education  and  the  State  Board  of  Land 
Commissioners  shall  prescribe  the  form  of  the  bonds.  The  bonds  shall 
bear  upon  their  face  the  words  "Deaf  and  Dumb  Asylum  Bond  of  the 
State  of  Montana,"  and  they  shall  be  signed  by  the  members  of  the 
State  Board  of  Education  and  the  State  Board  of  Land  Commission- 
ers and  shall  be  countersigned  by  the  Secretary  and  Treasurer  of  the 
State,  and  the  seal  of  the  State  shall  be  affixed  to  each  bond  and  the 
bonds  shall  be  registered  in  the  office  of  the  State  Treasurer. 

Seventh:  The  coupons  representing  the  interest  on  the  bonds  shall 
be  signed  by  the  State  Treasurer,  or  an  engraved  or  lithographic  fac- 


STATE    OP   MONTANA. 

simile  of  the  signature  of  the  Treasurer  may  be  affixed  thereto,  pro- 
vided, it  is  so  authorized  in  the  bond. 

Section  2.  The  bonds  provided  for  in  this  act  shall  be  disposed  of 
by  the  State  Board  of  Education  and  the  State  Board  of  Land  Com- 
missioners, in  such  manner  as  they  shall  deem  it  for  the  best  interests 
of  the  State,  provided,  that  no  bond  shall  be  disposed  of  for  less  than 
its  par  value. 

Section  3.  To  provide  for  the  payment  of  the  principal  and  interest 
of  the  bonds  authorized  by  this  Act,  there  is  hereby  created  a  special 
fund  to  be  known  as  "The  Deaf  and  Dumb  Asylum  Interest  and  Sink- 
ing Fund,"  into  which  shall  be  paid  all  sums  of  money  realized  from 
sales  of  lands,  licenses  to  cut  trees,  leasing  of  lands,  profits  of  any  and  all 
other  sources  by  reason  of  the  grants  of  lands  by  Congress  to  the 
State  of  Montana  for  the  establishment  of  a  Deaf  and  Dumb  Asylum, 
as  provided  by  Section  12  and  17  of  an  Act  of  the  United  States  Con- 
gress entitled  "An  Act  to  provide  for  the  division  of  Dakota  into  two 
states  and  to  enable  the  people  of  North  Dakota,  South  Dakota,  Mon- 
tana and  Washington  to  form  constitutions  and  state  governments,  and 
to  be  admitted  into  the  Union  on  an  equal  footing  with  the  original 
states,  and  to  make  donations  of  public  lands  to  such  states,  approved 
February  22,  1889,  and  from  said  Deaf  and  Dumb  Asylum  interest  and 
sinking  fund  there  shall  as  the  same  becomes  due  and  payable,  be  paid 
the  interest  on  the  said  bonds;  and  it  is  further  provided  that  it  is  the 
duty  of  the  State  Board  of  Land  Commissioners  whenever  there  are 
any  funds  in  the  said  "Deaf  and  Dumb  Asylum  interest  and  sinking 
fund,"  over  and  above  the  sum  of  twenty-five  hundred  dollars  in  excess 
of  the  amount  required  to  pay  the  yearly  interest  on  said  bonds,  to 
invest  such  excess  funds  in  the  manner  set  forth  and  provided  in  sec- 
tion 4  of  this  Act,  and  the  amount  so  invested  shall  constitute  a  per- 
manent fund,  to  pay  the  principal  of  said  bonds;  but  all  interest  or 
profit  derived  from  the  investment  shall  be  paid  into  the  said  "Deaf  and 
Dumb  Asylum  Interest  and  Sinking  Fund"  and  the  principal  and  in- 
terest of  the  said  bonds  shall  be  a  first  lien  upon  said  funds,  and  all 
lands  granted  and  belonging  to  the  State,  for  the  establishment  of  a 
Deaf  and  Dumb  Asylum. 

Section  4.  The  State  Board  of  Land  Commissioners  are  hereby  au- 
thorized and  directed  to  create  a  permanent  fund  for  the  payment  of  the 
principal  of  the  bonds  authorized  by  this  Act,  from  the  following  reve- 
nues, to-wit: 

Whenever  the  revenues  of  any  year  are  sufficient  to  pay  the  interest 
on  said  bonds  and  there  shall  be  an  excess  thereof  the  sum  of  twenty- 
five  hundred  dollars,  then  any  and  all  funds  over  and  above  the  said 


100  GENERAL   SCHOOL,  LAW 

sum  of  twenty-five  hundred  dollars  shall  be  invested  for  the  benefit 
of  the  "Deaf  and  Dumb  Asylum  Interest  and  Sinking  Fund"  as  fol- 
lows, to-wit: 

First.  In  the  bonds  authorized  by  this  Act,  provided  they  can  be 
purchased  at  a  cost  not  exceeding  their  par  value  and  accrued  interest. 

Second.  In  any  legally  issued  bonds  of  any  county,  school  district, 
city  or  town  of  the  State  of  Montana,  provided,  they  can  be  purchased 
at  a  cost  not  exceeding  their  par  value  and  accrued  interest;  and  the 
said  State  Board  of  Land  Commissioners  are  hereby  granted  discre- 
tionary power  in  the  selection  and  purchase  of  the  securities  herein- 
before described,  as  to  the  amount  of  each  they  shall  purchase  and  con- 
ditions of  general  credit  affecting  the  same. 

Section  5.  It  is  hereby  provided  and  set  forth  that  in  the  event  the 
State  of  Montana  shall  at  any  time  provide  and  pay  the  interest  or  any 
part  thereof  on  the  bonds  authorized  by  this  Act,  from  the  general  fund 
of  the  state,  or  by  any  special  appropriation  made  or  tax  levied  therefor, 
then  for  any  and  all  interest  so  paid,  the  State  shall  be  reimbursed  from 
the  said  "Deaf  and  Dumb  Asylum  Interest  and  Sinking  Fund"  by  the 
payment  of  the  amount  so  paid  or  due,  whenever  there  is  sufficient 
money  in  said  "Deaf  and  Dumb  Asylum  Interest  and  Sinking  Fund 
to  pay  the  same. 

Section  6.  The  State  Treasurer  is  hereby  designated  as  the  custo- 
dian of  the  funds  provided  by  this  Act,  and  he  shall  pay  all  warrants 
properly  drawn  by  the  State  Board  of  Examiners  save  and  excepting  as 
to  the  interest  on  the  bonds,  which  he  shall  pay  as  the  same  becomes 
due  and  charge  the  amount  thereof  to  the  "Deaf  and  Dumb  Asylum  In- 
terest and  Sinking  Fund"  hereinbefore  created. 

Section  7.  The  moneys  received  from  the  sale  of  the  bonds  author- 
ized by  this  Act,  shall  be  paid  to  the  State  Treasurer  and  shall  consti- 
tute a  special  fund  for  the  following  purposes: 

First:  Fifty  thousand  dollars  thereof  or  so  much  as  may  be  necessa- 
ry to  redeem  and  pay  all  legal  and  outstanding  warrants  drawn  on  the 
"Deaf  and  Dumb  Asylum  Building  Fund,"  with  accrued  interest,  and 
to  complete  and  furnish  the  Deaf  and  Dumb  Asylum  Building  at  Boul- 
der, Montana,  in  accordance  with  the  plans  and  specifications  of  the 
existing  contracts. 

Second:  Thirteen  thousand  dollars  ($13,000)  thereof,  or  so  much 
as  may  be  necessary  to  erect  and  furnish  a  suitable  and  separate  build- 
ing on  the  grounds  of  the  Deaf  and  Dumb  Asylum  at  Boulder,  Mon- 
tana, for  the  temporary  use  and  care  of  the  feeble-minded. 

Third:  Two  thousand  dollars  ($2,000.00)  thereof,  or  so  much  as  may 


STATE    OF   MONTANA.  101 


be  necessary  to  grade,  fence  and  otherwise  improve  the  grounds  of  the 
Deaf  and  Dumb  Asylum  at  Boulder,  Montana.  In  making  contracts 
for  the  erection  of  said  buildings  and  in  making  payments  therefor,  and 
in  all  things  pertaining  thereto,  the  provisions  of  Article  III,  Sections 
2361  to  2370  of  the  Political  Code  of  Montana  inclusive,  shall  control 
so  far  as  practicable.  The  local  board  of  trustees  with  the  approval  of 
the  State  Board  of  Examiners  are  authorized  and  empowered  to  change 
the  amounts  above  mentioned  in  such  manner  as  shall  best  meet  the 
purposes  of  this  Act. 

Section  8.  Whenever  any  of  the  bonds  authorized  by  this  Act  shall 
become  due  and  payable,  and  there  is  sufficient  funds  to  pay  the  same, 
they  shall  be  called  in  and  paid  in  the  order  of  their  issuance  begin- 
ning with  the  lowest  number. 

Section  9.  The  cost  and  expense  of  issuing  the  bonds  hereinbefore 
authorized  may  be  paid  out  of  the  proceeds  thereof,  or  be  chargeable 
to  the  expense  of  the  construction  of  the  buildings. 

Section  10.  In  the  event  there  shall  not  at  any  time  be  sufficient 
money  in  the  "Deaf  and  Dumb  Asylum  Interest  and  Sinking  Fund"  to 
pay  the  interest  when  due,  the  State  Board  of  Land  Commissioners  and 
the  State  Board  of  Examiners  shall  by  an  order  entered  on  their  min- 
utes or  record  books,  cause  warrants  to  be  issued  on  the  said  "Deaf  and 
Dumb  Asylum  Interest  and  Sinking  Fund"  for  the  amount  of  interest 
due,  and  the  warrants  so  issued  shall  be  registered  in  the  office  of  the 
Treasurer  of  the  State,  and  shall  bear  interest  at  the  rate  of  six  per 
cent  per  annum  ,and  said  warrants  shall  be  paid  by  the  State  Treasurer 
whenever  there  is  sufficient  money  accumulated  in  said  fund  to  pay  the 
same;  and  by  reason  of  the  delivery  of  said  warrants  to  the  holders  of 
said  bonds  and  the  surrender  of  the  interest  coupons,  there  shall  be  no 
default  in  the  payment  of  interest. 

Section  n.  Nothing  in  this  Act  shall  be  so  construed  as  to  in  any 
wise  hold  the  State  of  Montana  liable  for  the  payment  of  the  bonds 
herein  authorized  or  the  interest  thereon,  except  as  to  the  lien  hereto- 
fore created  against  the  lands  and  funds  granted  for  the  purpose  of 
erecting  a  Deaf  and  Dumb  Asylum,  and  which  lien  shall  not  be 
abridged,  annulled  or  set  aside  until  the  bonds  authorized  by  this  act 
shall  have  been  fully  paid,  together  with  the  interest  thereon,  and  the 
Governor  is  hereby  specially  authorized  and  empowered  to  use  all  law- 
ful means  to  enforce  the  provisions  of  this  act. 

Section  12.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Section  13.     There  is  hereby  appropriated  from  the  proceeds  of  the 


102  GENERAL   SCHOOL   LAW 

sale  of  the  bonds  authorized  by  this  Act,  the  sum  of  sixty-five  thousand 
dollars  ($65,000.00)  for  the  fiscal  year  ending  December  first,  1897. 

Section  14.  This  act  shall  be  in  full  force  and  effect  from  and  after 
its  passage  and  approval  by  the  Governor. 

(Act  approve.   March  4,  1897.) 

SUBSTITUTE  FOR  HOUSE  BILL  NO.  69. 

An  Act  to  Establish  County  Free  High  Schools  and  to  Provide  for 

Their  Maintenance. 

Section  I.  Any  county  in  the  State  may  establish  a  county  free 
high  school  on  the  conditions  and  in  the  manner  hereinafter  prescribed, 
for  the  purpose  of  affording  better  educational  facilities  for  pupils 
more  advanced  than  those  attending  district  schools. 

Section  2.,  Whenever  two  hundred  school  electors  in  any  county 
shall  petition  the  Board  of  County  Commissioners  requesting  that  a 
county  high  school  be  established  in  their  county  at  a  place  in  the  said 
petition  named,  or  whenever  the  said  County  Commissioners  shall  at 
their  discretion  think  proper,  they  shall  give  twenty  days'  notice  that 
they  will  submit  the  question  to  the  school  electors  of  said  county 
whether  such  high  school  shall  be  established,  and  at  the  place  speci- 
fied, at  which  election  the  school  electors  of  the  county  shall  vote  by 
ballot  for  or  against  establishing  such  high  school.  The  notices  shall 
distinctly  specify  the  city,  town  or  district  wherein  it  is  proposed  to 
establish  said  high  school. 

Section  3.  The  election  shall  be  conducted  in  all  respects  the  same 
as  the  election  for  school  trustees,  except  that  the  County  Commission- 
ers shall  call  the  election,  and  that  there  shall  be  no  registration  of 
voters  required.  After  said  election,  the  ballots  on  said  question  shall 
be  canvassed  in  the  same  manner  as  in  the  election  for  county  officers, 
and  if  a  majority  of  all  the  votes  cast  shall  be  in  favor  of  establishing 
such  high  school,  the  County  Commissioners  shall  immediately  proceed 
to  appoint  six  persons,  who  shall  be  residents  and  taxpayers  of  the 
county,  three  of  whom  shall  be  residents  of  the  township  where  the 
school  is  located,  who  shall  with  the  county  superintendent  of  schools 
constitute  a  Board  of  Trustees  for  said  school.  Each  of  said  trustees 
appointed  as  aforesaid  shall  hold  office  until  his  successor  is  appointed 
and  qualified,  and  shall  be  required  within  ten  days  after  appointment 
to  qualify  by  taking  the  usual  oath  of  office,  and  by  giving  such  bond 
as  may  be  required  by  said  County  Commissioners  for  the  faithful  dis- 
charge of  his  duties. 

Section  4.     Said  trustees  shall  be  divided  into  three  classes  of  two 


STATE    OF   MONTANA.  103 


each,  the  term  of  office  of  each  class  to  be  one,  two  and  three  years 
respectively,  the  respective  terms  to  be  decided  by  lot.  The  term  of 
office  of  those  in  the  first  class  shall  expire  one  year  from  the  third 
Saturday  in  April  following  their  appointment;  the  term  of  those 
in  the  second  class  shall  expire  two  years  from  the  third  Saturday  in 
April  following  their  appointment,  and  the  term  of  office  of  those  in  the 
third  class  shall  expire  three  years  from  the  third  Saturday  in  April  fol- 
lowing their  appointment. 

The  County  Commissioners  shall  appoint  trustees  in  place  of  those 
whose  term  expires  or  in  case  of  vacancy.  The  term  of  office  of  trus- 
tees shall  be  for  three  years. 

In  case  of  vacancy  the  appointment  shall  be  for  the  remainder  of  the 
unexpired  term.  Provided,  that  in  all  appointments  of  trustees  under 
this  Act  there  shall  be  one  trustee  in  each  class  who  is  a  resident  of  the 
township  in  which  said  high  school  is  located. 

Said  board  of  high  school  trustees  shall  be  governed,  as  to  the 
time  and  place  of  meeting,  by  the  provisions  of  the  general  school  law 
of  the  State. 

Section  5.  A  majority  of  said  board  shall  constitute  a  quorum  for 
the  transaction  of  all  business,  but  four  votes  shall  be  required  to  decide 
any  question. 

Section  6.  At  their  first  meeting  in  each  year  the  trustees  shall 
choose  from  their  number  a  president,  secretary  and  treasurer,  who 
shall  hold  office  for  one  year,  or  until  their  successors  are  appointed  and 
qualified.  Said  treasurer  shall  give  such  additional  bond  as  the  Coun- 
ty Commissioners  shall  deem  sufficient.  And  said  trustees  shall  have 
authority  to  make  all  necessary  rules  for  their  government  not  incon- 
sistent with  the  law. 

Section  7.  At  said  first  meeting,  or  at  some  succeeding  meeting 
called  for  such  purpose,  said  trustees  shall  make  an  estimate  of  the 
amount  of  funds  needed  for  building  purposes,  for  payment  of  teachers' 
wages,  and  for  payment  of  contingent  expenses,  and  they  shall  present 
to  the  Board  of  County  Commissioners  a  certified  estimate  of  the  rate 
of  tax  required  to  raise  the  amount  desired  for  such  purpose.  But  in  no 
case  shall  the  tax  for  such  purpose  exceed  in  one  year  the  amount  of 
ten  mills  on  the  dollar  on  the  taxable  property  of  the  county,  and  when 
the  tax  is  levied  for  the  payment  of  teachers'  wages  and  for  contingent 
expenses  only,  it  shall  not  exceed  three  mills  on  the  dollar.  Provided, 
that  said  trustees  may,  if  in  their  judgment  they  think  best,  bond  the 
county  for  the  purpose  of  raising  the  money  necessary  to  build  and 
equip  the  high  school  herein  provided  for  and  to  purchase  a  suitable 


104  GENERAL   SCHOOL,  LAW 

site  therefor.     But  no  bonds  shall  ever  be  issued  to  pay  for  teachers' 
salaries  or  for  the  general  expenses  in  maintaining  said  school. 

Section  8.  Whenever  any  board  of  trustees  of  any  county  free  high 
school  shall  decide  to  bond  the  county  as  provided  in  the  foregoing 
Section  said  trustees  shall  issue  said  bonds  in  the  manner  provided  for 
the  issuance  of  school  district  bonds.  Provided,  that  no  county  shall 
be  bonded  for  the  above  purpose  in  an  amount  to  exceed  one  hundred 
thousand  dollars. 

Section  9.  Said  bonds  shall  be  paid,  principal  and  interest,  in  the 
manner  provided  for  the  payment  for  school  district  bonds. 

Section  10.  In  case  bonds  are  issued  then  the  trustees  in  making 
estimates  for  the  maintenance  of  the  high  school  shall  not  include  esti- 
mates for  building  or  whatever  said  bonds  are  issued  for. 

Section  n.  Said  tax  shall  be  levied  and  collected  in  the  same  man- 
ner as  other  county  taxes,  and  when  collected  the  county  treasurer  shall 
pay  the  same  to  the  treasurer  of  the  county  high  school. 

Section  12.  The  said  treasurer  of  the  high  school  shall  receive 
from  the  county  treasurer,  and  from  all  other  parties,  all  monies  that 
belong  to  the  fund  of  said  high  school,  and  shall  pay  out  the  same  only 
by  direction  of  the  Board  of  Trustees,  upon  orders  duly  signed  by  the 
president  and  countersigned  by  the  secretary,  stating  the  purpose  for 
which  they  were  drawn.  Both  the  secretary  and  treasurer  shall  keep 
an  accurate  account  of  all  monies  received  and  expended  for  said 
school,  and  at  the  close  of  each  year,  or  oftener  if  required  by  the 
Board  of  Trustees,  they  shall  make  a  full  statement  of  the  financial 
affairs  of  the  school. 

Section  13.  The  said  board  of  trustees  shall  proceed,  as  soon  as 
practicable  after  the  appointment  as  aforesaid,  to  select  at  the  place 
determined  by  the  vote  of  the  county,  the  best  site  that  can  be  obtained 
and  the  title  thereof  shall  be  vested  in  the  said  county;  they  shall  then 
proceed  to  make  purchases  of  material  and  to  let  such  contracts  for 
their  necessary  school  buildings  as  they  may  deem  proper,  but  shall  not 
make  any  purchase  or  contract  in  any  year  to  exceed  the  amount  on 
hand,  and  to  be  raised  by  the  levy  of  tax  or  issue  of  bonds  for  that  year. 
The  Board  of  Trustees  at  their  discretion  may  lease  suitable  buildings 
for  the  use  of  the  high  school  while  new  buildings  are  in  process  of 
erection,  or  may,  if  in  their  judgment  they  deem  it  best,  contract  with 
the  trustees  of  the  district  at  the  county  seat  for  the  use  of  any  suitable 
building  for  a  high  school  for  such  time  as  they  deem  for  the  best 
interests  of  the  county. 

Section  14.     When  such  Board  of  Trustees  shall  have  provided  for 


STATE   OP   MONTANA.  105 


the  county  free  high  school  contemplated  in  this  Act,  they  shall  employ 
some  suitable  person,  who  shall  take  charge  of  the  same,  and  teach 
in  the  same,  and  shall  be  known  as  the  principal  of  such  school;  and 
the  trustees  shall  furnish  such  assistant  teachers  as  they  deem  necessary, 
and  shall  provide  for  their  salaries. 

Section  15.  The  principal  of  any  such  high  school,  with  the  ap- 
proval of  the  Board  of  Trustees,  shall  make  such  rules  and  regulations 
as  he  may  deem  proper  in  regard  to  the  studies,  conduct  and  govern- 
ment of  the  pupils  under  his  charge;  and  if  any  such  pupils  will  not 
conform  to  nor  obey  the  rules  of  the  school,  they  may  be  suspended  or 
expelled  therefrom  by  the  Board  of  Trustees. 

Section  16.  There  shall  be  provided  such  courses  of  study  as  will 
properly  fit  the  student  attending  said  high  school  for  admission  to 
the  freshman  class  of  any  of  the  State  educational  institutions,  and 
shall  contain  the  work  provided  for  accredited  high  schools  by  the 
State  Board  of  Education. 

Section  17.  Tuition  shall  be  free  to  all  pupils  residing  in  the  coun- 
ty where  the  school  is  located.  The  Board  of  Trustees  shall  make 
such  general  rules  and  regulations  as  they  deem  proper  in  regard  to 
age  and  grade  of  attainments  essential  to  entitle  pupils  to  admission 
to  such  school;  provided,  that  no  person  shall  be  admitted  to  such  high 
school  who  shall  not  have  passed  a  satisfactory  examination  or  who 
does  not  hold  an  eighth-grade  common  school  certificate.  If  there 
should  be  more  applicants  than  can  be  accommodated  at  any  one  time, 
each  district  shall  be  entitled  to  send  its  equal  proportion  of  pupils,  ac- 
cording to  the  number  of  pupils  it  may  have,  as  shown  by  the  last  re- 
port to  the  county  superintendent  of  public  instruction ;  and  the  boards 
of  the  respective  school  districts  shall  designate  such  pupils  as  may 
attend,  subject  to  the  proviso  above. 

Section  18.  If  at  any  time  the  school  can  accommodate  more  pupils 
than  apply  for  admission  from  the  county  in  which  the  school  is  sit- 
uated, the  vacancies  may  be  filled  by  applications  from  other  counties 
upon  the  payment  of  such  tuition  as  the  Board  of  Trustees  may  pre- 
scribe; but  at  no  time  shall  such  pupils  continue  in  such  school  to  the 
exclusion  of  pupils  residing  in  the  county  in  which  such  school  is  situ- 
ated. 

Section  19.  The  trustees  shall  serve  without  compensation  and 
shall  make  such  reports  to  the  County  Superintendent  as  he  may  re- 
quire or  as  may  be  required  by  the  Superintendent  of  Public  Instruc- 
tion. 

Section  20.     Upon  the  presentation  of  a  certificate  of  graduation 


306  GENERAL  SCHOOL,  LAW 

from  any  such  county  high  school,  within  one  year  from  the  date  of 
the  same  ,to  any  State  institution  of  learning,  the  person  presenting  the 
same  may  be  admitted  without  further  examination  to  said  institution 
of  learning. 

Section  21.  The  County  Commissioners  of  any  county  of  Mon- 
tana be  and  they  are  hereby  authorized  to  negotiate  with  the  school 
district  at  the  county  seat  of  such  county  for  the  establishment  of  a 
county  high  school. 

Section  22.  For  the  purpose  of  carrying  this  Act  into  effect  the 
Board  of  County  Comissioners  in  such  counties  may  employ  such  num- 
ber of  teachers  in  addition  to  those  regularly  employed  by  the  district 
at  the  county  seat,  as  shall  in  their  judgment  be  necessary  for  the  pur- 
pose of  conducting  such  schools,  and  pay  such  teachers  from  the  gen- 
eral fund  of  the  county.  Provided  the  management  of  such  high  school 
shall  be  under  the  trustees  of  said  district. 

Section  23.  Such  county  high  school  shall  be  free  to  all  persons  cf 
school  age  in  their  respective  counties. 

Section  24.  All  Acts  and  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 

(Act  approved  March  3rd,  1899.) 

HOUSE  BILL  NO.  16. 

An  Act  to  Empower  the  Board  of  School  Trustees  of  Any  District  to 
Establish  and  Maintain  Free  Kindergartens  for  the  Instruction 
of  Children  Between  Three  and  Six  Years  of  Age. 

Section  I.  The  school  board  of  any  school  district  in  the  State 
shall  have  power  to  establish  and  maintain  free  kindergartens  in  con- 
nection with  the  public  schools  of  said  district,  for  the  instruction  of 
children  between  three  and  six  years  of  age,  residing  in  said  district 
and  shall  establish  such  courses  of  training,  study  and  discipline,  and 
such  rules  and  regulations  governing  such  preparatory  or  kindergarten 
schools  as  said  board  may  deem  best;  Provided,  That  nothing  in  this 
act  shall  be  construed  to  change  the  law  relating  to  the  taking  of  the 
census  of  the  school  population  or  the  apportionment  of  state  and 
county  school  funds  among  the  several  counties  and  districts  in  this 
State;  Provided,  further,  That  the  cost  of  establishing  and  maintaining 
such  kindergartens  shall  be  paid  from  the  school  funds  of  said  districts, 
and  the  said  kindergartens  shall  be  a  part  of  the  public  school  system 
and  governed  as  far  as  practicable  in  the  same  manner  and  by  the  same 
officers  as  is  now,  or  hereafter  may  be,  provided  by  law  for  the  gov- 
ernment of  the  other  public  schools  of  the  State;  Provided,  further,  That 


STATE   OF   MONTANA.  107 


the  teachers  of  kindergarten  schools  shall  pass  such  examination  on 
kindergarten  work  as  the  kindergarten  department  of  the  State  Normal 
School  may  direct,  provided  that  a  certificate  from  a  kindergarten 
teachers'  institute  of  recognized  standing  shall  be  recognized  by  the 
State  Normal  School. 

'Section  2.     All  Acts  and  parts  of  Acts  inconsistent  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

(Act  approved  February  16th,  1899.) 


108  GENERAL   SCHOOL,  LAW 

CHAPTER  XIII. 
Forms  for  Use  of  School  Officers. 

No.  i. 
CERTIFICATE  OF  ELECTION  OF  TRUSTEE. 

To of Greeting: 

This  is  to  certify  that  at  a School  Meeting  of 

School  District  No of County,  held  at  the  School 

House  of  said  District,   I .  . . . ,  you  were 

duly  elected  to  fill  the  office  of  trustee  for  the  term  of 

Section  1782  of  the  Political  Code  reads  as  follows: 
Trustees  elected  shall  take  office  immediately  after  qualifying  and 
shall  hold  office  for  the  term  of  three  years  and  until  their  successors 
are  elected  and  qualified,  or  appointed  by  the  County  Superintendent 
of  Schools  and  qualified.  Every  trustee  elected  shall  file  his  or  her 
oath  of  office  with  the  County  Superintendent  of  Schools.  Any  trustee 
who  shall  fail  to  qualify  within  fifteen  days  after  being  elected  shall 
forfeit  all  right  to  office,  and  the  County  Superintendent  of  Schools 
shall  appoint  to  fill  the  vacancy. 


Clerk  of  School  District  Meeting. 


OATH  OF  OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect  and 
defend  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  Montana,  and  that  I  will  discharge  the  duties  of  my 
office  with  fidelity;  and  that  I  have  not  paid  or  contributed,  or  promised 
to  pay,  or  contribute,  either  directly  or  indirectly,  any  money  or  other 
valuable  thing  to  procure  my  nomination  or  election  (or  appointment) 
except  for  necessary  and  proper  expenses  expressly  authorized  by 
law;  that  I  have  not  knowingly  violated  any  election  law  of  this 
State,  or  procured  it  to  be  done  by  others  in  my  behalf;  that  I  will  not 
knowingly  receive  directly  or  indirectly  any  money  or  other  valuable 
thing  for  the  performance  or  non-performance  of  any  act  or  duty 
pertaining  to  my  office  other  than  the  compensation  allowed  by  law. 
So  help  me  God. 


Subscribed  and  sworn  to  before  me,  this day  of I 


Note. — This  oath  must  be  taken  before  some  one  authorized  t«> 
administer  oaths. 


STATE    OF   MONTANA.  103 


No.  2. 
CERTIFICATE  OF  APPOINTMENT  OF  TRUSTEE. 

To of Greeting: 

This  is  to  certify  that  I  have  this day  of I ... 

appointed of County,  to  fill  the 

office  of  Trustee,  until  the  next  annual  election  of  said  district. 
Section  1782  of  the  Political  Code  reads  as  follows: 
Trustees  elected  shall  take  office  immediately  after  qualifying  and 
shall  hold  office  for  the  term  of  three  years  and  until  their  successors 
are  elected  and  qualified,  or  appointed  by  the  County  Superintendent 
of  Schools  and  qualified.     Every  trustee  elected  shall  file  his  or  her 
oath  of  office  with  the  County  Superintendent  of  Schools.     Any  trustee 
who  shall  fail  to  qualify  within  fifteen  days  after  being  elected  shall 
forfeit  all  rights  to  office,  and  the  County  Superintendent  of  Schools 
shall  appoint  to  fill  the  vacancy. 


County  Superintendent. 

Remarks. — This  Certificate,  with  oath  of  office  endorsed  thereon, 
signed  and  sworn  to  before  some  person  competent  to  administer  oaths, 
must  be  sent  to  the  County  Superintendent. 


OATH  OF  OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect  and 
defend  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  Montana,  and  that  I  will  discharge  the  duties  of  my 
office  with  fidelity;  and  that  I  have  not  paid  or  contributed,  or  promised 
to  pay,  or  contribute,  either  directly  or  indirectly,  any  money  or  other 
valuable  thing  to  procure  my  nomination  or  election  (or  appointment) 
except  for  necessary  and  proper  expenses  expressly  authorized  by 
law;  that  I  have  not  knowingly  violated  any  election  law  of  this 
State,  or  procured  it  to  be  done  by  others  in  my  behalf;  that  I  will  not 
knowingly  receive  directly  or  indirectly  any  money  or  other  valuable 
thing  for  the  performance  or  non-performance  of  any  act  or  duty 
pertaining  to  my  office  other  than  the  compensation  allowed  by  law. 
So  help  me  God. 


Subscribed  and  sworn  to  before  me,  this day  of I .  . . . 


Remarks. — This  oath  may  be  taken  before  any  school  officer  or 
other  person  competent  to  administer  oaths. 


110  GENERAL   SCHOOL  LAW 

No.  3. 
CERTIFICATE  OF  APPOINTMENT  OF  CLERK. 

To  .......................  of  ..................  Greeting  : 

This  is  to  certify  that  at  a*  ......................  School  meeting 

of  School  District  No  ....  of  ..........................  County,  held 

.  .  .  .  ....................  I  .  .  .  .,  you  were  duly  appointed  to  fill  the 

office  of  District  Clerk  to  serve  during  the  pleasure  of  the  Board. 

If  you  accept,  please  take  the  oath  of  office  hereto  attached,  and 
return  this  notice  to  the  Trustees  without  dela. 


)  Trustees  for  District  No 


*State  whether  "Regular"  or  "Special"  Meeting. 

Remarks.  —  This  certificate,  with  oath  of  office  endorsed  thereon, 
signed  and  sworn  to  before  some  person  competent  to  administer  oaths, 
must  be  sent  to  County  Superintendent  after  receipt  by  the  Trustees. 


OATH  OF  OFFICE. 

I  do  solemnly  swear  (or  affirm)  that  I  will  support,  protect  and 
defend  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  Montana,  and  that  I  will  discharge  the  duties  of  my 
office  with  fidelity;  and  that  I  have  not  paid  or  contributed,  or  promised 
to  pay,  or  contribute,  either  directly  or  indirectly,  any  money  or  other 
valuable  thing  to  procure  my  nomination  or  election  (or  appointment) 
except  for  necessary  and  proper  expenses  expressly  authorized  by 
law;  that  I  have  not  knowingly  violated  any  election  law  of  this 
State,  or  procured  it  to  be  done  by  others  in  my  behalf;  that  I  will  not 
knowingly  receive  directly  or  indirectly  any  money  or  other  valuable 
thing  for  the  performance  or  non-performance  of  any  act  or  duty 
pertaining  to  my  office  other  than  the  compensation  allowed  by  law. 
So  help  me  God. 


Subscribed  and  sworn  to  before  me,  this .day  of I 


Remarks. — This  oath  may  be  taken  before  any  school  officer  or 
other  person  competent  to  administer  oaths. 


STATE    OF   MONTAls^LiFO  111 


No.  4. 

AGREEMENT  BETWEEN  SCHOOL  TRUSTEES  AND 

TEACHER. 

This  agreement,  made  and  entered  into  this day 

of ,  A.  D.  i .  . .  . ,  between 

party  of  the  first  part,  and  the   School  Trustees  of  School   District 

No .  . .  . ,  of County,  Montana,  parties  of  the 

second  part, 

Witnesseth,  that  the  said ,  who  holds  a 

legal  certificate  as  teacher  for  said  county,  hereby  agrees,  for  the  con- 
sideration hereafter  stated,  to  teach  the  school  in  said  district  for  the 

period  of months,  commencing  on  the day 

of ,    i .  . .  . ,   and   said further 

agrees  to  enforce  the  rules  and  regulations  prescribed  by  the  Superin- 
tendent of  Public  Instruction  and  the  County  Superintendent;  to 
strictly  follow  the  advice  of  the  County  Superintendent  given  within  his 
or  her  authority;  to  use  only  such  text-books  as  are  prescribed  by  law; 
and  to  keep  a  school  register  and  make  the  returns  prescribed  by 
law. 

And  the  parties  of  the  second  part  hereby  agree  to  pay  the  said 

, Dollars  for  each  and 

every  month  of  twenty  school  days,  in  the  manner  following,  to-wit: 
By  drawing  their  order  upon  the  County  Treasurer  of  said  County,  to 
be  paid  out  of  any  school  moneys  in  the  County  Treasury  standing  to 
the  credit  of  said  District. 

It  is  mutually  understood  and  agreed  that  whenever  the  school  shall 
be  closed  by  order  of  the  Trustees  on  account  of  the  prevalence  of  con- 
tagious or  epidemic  disease,  or  from  any  cause,  the  salary  of  said  first 
party  as  teacher  shall 


In  witness  whereof  the  said  parties  have  hereunto  set  their  hands 
and  seals  in  duplicate  at  the  date  hereinbefore  mentioned. 


Teacher. 


Trustees  of  School  District  No .... 

County. 

Note. — Fill  out  the  blank  at  close  of  contract  in  accordance  with 
your  agreement  on  this  point.  If  the  teacher  is  to  receive  her  salary 
when  school  is  closed,  then  add,  "be  paid  the  same  as  when  school  is  in 
session,''  or,  if  no  salary  is  to  be  paid,  then  add,  "cease  for  such  time  as 
the  school  is  closed,''  or  such  words  as  shall  clearly  express  your  agree- 
ment. Each  party  should  have  a  copy  of  the  contract. 


112 


GENERAL  SCHOOL  LAW 


No.  5. 
TEACHER'S  REPORT. 

Teacher's  report  of  the  public  schools  in  District  No in  the 

County  of ,  Montana,  from  the 

day  of ,  i .  . . . ,  to  the day  of 


Whole  number  scholars  enrolled  during  term  

Whole  number  of  days  taught  

Average  number  actually  belonging 

Average  daily  attendance  

Percentage   of  attendance 

Total  number  of  days  attendance 

Total  number  of  times  tardy 

Total  number  of  days  absent 

Total  number  between  8  and  14  attending  school   

Total  number  from  other  districts  attending  school  

Number  cases  corporal  punishment | 

Grade  of  school    | 

Number  of  classes  in  school  

Date   of  teacher  taking  charge  of  school 

Date  of  closing  term  of  school 

Monthly  salary  of  teacher  

Amount  of  salary  from  county  school  fund 

Grade  and  date  of  teacher's  certificate 

Number  of  school  visits  by  school  trustee 

Number  of  school  visits  by  County  Superintendent  j 

Number  of  school  visits  by  other  parties | 

Have  you  kept  School  Register  as  Required?  

Have  you  used  prescribed  series  of  textbooks? 

Have  you  followed  prescribed  course  of  Ptudy ?  

Have  you  complied  with  provisions  of  School  Law  relating  to  du-    | 

ties  of  teachers?  

Is   your  school  provided  with  maps,   globes,   reading  charts? 

Is  your  school  provided  with  Physiology  charts  ?  

What  are  the  needs  of  your  school? 

Are  you  a  graduate  of  a  normal  school? 

Have  you  ever  attended  a  normal  school? 

If  so,  for  what  length  of  time? 

Has  your  district  a  school  library? 

How  many  volumes  were  bought  for  it  last  year?  


N.  B. — Section  1841  of  the  Political  Code  requires  this  report  to  be 
made,  annually,  to  the  County  Superintendent  and  District  Clerk  on  or 
before  the  roth  day  of  September  next  after  the  close  of  each  school 
year — August  31. 

Any  teacher  who  shall  close  any  term  of  school  before  the  close  of 
the  school  year  shall  make  a  report  to  the  County  Superintendent  im- 
mediately after  the  close  of  such  term,  and  any  teacher  who  may  be 
teaching  any  school  at  the  close  of  the  school  year,  shall,  in  his  or  her 
annual  report,  include  all  statistics  from  the  school  register  for  the  en- 
tire school  year,  notwithstanding  any  previous  report  for  a  part  of  the 
year. 

Trustees  are  not  allowed,  under  the  law,  to  draw  any  warrant  for  the 
teacher's  salary  for  the  last  month  of  school  until  all  the  reports  herein 
required  shall  have  been  made  and  received. 


STATE    OF   MONTANA.  113 


In  districts  having  a  city  superintendent  these  reports  are  made  to 
him  and  the  city  superintendent  will  make  up  the  report  of  the  districts 
for  the  county  superintendent.  Where  there  is  no  city  superintend- 
ent, but  a  principal  of  the  schools,  his  report  will  be  acccepted  in  lieu  of 
the  teachers'  reports. 

To  find  the  "Average  Daily  Attendance"  for  the  term  or  the  year, 
divide  the  whole  number  of  days'  attendance  by  the  number  of  days 
taught.  To  find  the  "Per  Cent,  of  Attendance"  for  the  term  or  year, 
divide  the  whole  number  of  days'  of  attendance  by  the  sum  of  the  whole 
number  of  days'  attendance  plus  the  whole  number  of  days  of  absence. 


No.  6. 
COUNTY  CLERK  AND  RECORDER'S  REPORT. 

Required  under  Section  1890,  Political  Code,  to  be  returned  to  the 
County  Superintendent  of  Schools  during  the  month  of  September, 
of  each  year. 


Assessed  valuation  of County  for  year  1. 

Rate  of  taxation  for  school  purposes 

Amount  to  be  apportioned  


I, Clerk  and  Recorder  of 

County,  State  of  Montana,  hereby  certify  that  the  above  report  is  cor- 
rect. 


Clerk  and  Recorder. 
Dated.  .  ,  I. 


114 


GENERAL  SCHOOL,  LAW 


No.  7. 

REPORT  OF  CLERK  OF  DISTRICT  COURT  OF 

County. 

Required  under  Section  1891,  Political  Code,  to  be  returned  to  County 
Superintendent  of  Schools  at  close  of  Every  Term  of  Court. 


Date  of  Fine. 


Amount  of  Fine. 


To ,  County  Superintendent  of  Schools: 

I  hereby  certify  that  the  above  report  of  fines  imposed  by  Judge 

of District  Court, 

for  term  ending  on t ,  I .  . .  . ,  is  true  and 

correct. 


Dated 


Clerk  of District  Court. 

,  i. 


STATE   OF  MONTANA. 


115 


No.  8. 

REPORT  OF JUSTICE  OF  THE  PEACE 

For Precinct County. 

Required  under  Section  1892,  Political  Code,  to  be  Returned  to  the 
County  Superintendent  of  Schools  During  the  Month  of  Septem- 
ber of  each  Year. 


Fines  Imposed. 

Fines  Collected 

When  Paid  to 
Co  Treasurer. 

!          1     II 

To County  Superintendent  of  Schools : 

I  hereby  certify  that  the  above  report  of  fines  imposed,  collected,  and 
date  when  paid  to  County  Treasurer,  is  true  and  correct. 


Justice  of  the  Peace. 


Dated 


No.  9. 
COUNTY  TREASURER'S  REPORT. 

Subdivision  4  of  Section  1880  of  the  Political  Code,  referring  to  the 
duties  of  County  Treasurer,  provides: 

"Fourth.  To  make  annually  during  the  month  of  October  in  each 
year,  a  financial  report  for  the  last  school  year  and  fiscal  year  ending 
with  June  30,  to  the  Superintendent  of  Common  Schools,  in  such  form 
as  may  be  required  by  him." 

Note. — "October"  should  read  September;  "June  30"  should  read 
August  31. 


116 


GENERAL  SCHOOL,  LAW 


NET  RECEIPTS  FOR  SCHOOL  PURPOSES  FOR  YEAR  ENDING  AUG.  31,  1.... 


Dollars. 

Cts 

Amount  received  from  — 
Countv  Tax  

Special  District  Taj 
Clerk  of  District  Co 
District  Court 

C                                

urt                                             

Justices  of  Peace  

All  Other  Sources 
Total  amount  received  fr 

oni  all  sourc 

es                

Amount  to 
Credit  of  Dis- 
trict   at   Begin- 
ning- of  Year. 

Amount  Ap- 
portioned   Dur- 
ing Year. 

Amount    of 
Orders 
Paid  During 
Year. 

Amount  to 
Credit  of  Dis- 
trict at  End  of 
Year. 

Dollars 

Cts 

Dollars 

Cts 

Dollars 

Cts 

Dollars 

Cts 

School  District  No.  — 
i  

1 

i 

i 

i 
i 
i 

2 

^.  . 

5  

6  .     . 

7  

8.  .      .    . 

o.  . 

10  

ii  

12  

IS-  • 

14.  . 

1^. 

16  1 

17.  . 

18 

IQ.  . 

2O  

21  

22  

21.  . 

24.  . 

2Z 

26 

27.  . 

28.  . 

2Q 

^O.  . 

^1 

"32 

•».'. 

STATE   OF   MONTANA. 


117 


ot 

36 

• 

38 

4O. 

42.  . 

44 

46 

47.  . 

48 

| 

' 

SO.. 

1 

1 

I,  Treasurer  of  the  County  of .  . . 

Montana,  hereby  certify  that  the  foregoing  is  a  correct  financial  exhibit 
of  all  moneys  received,  paid  out,  and  now  held  by  said  County  for 
school  purposes  for  the  year  ending  August  31,  i 


County  Treasurer. 


Dated 


No.  10. 

NOTICE  OF  ELECTION. 
The  Annual  Meeting 

of  School  District  No .  . .  . , County,  Montana, 

for  the  election  of Trustee .  .will  be  held  on 

Saturday,  April ,  I ,  at  the  District  School  House, 

The  polls  will  be  open  between  the  hours  of and 

o'clock  .    .  .m. 


.) 

)    Trustees. 

) 


Dated 


118  GENERAL,  SCHOOL,  LAW 


No.    II. 

NOTICE  OF  ELECTION. 
A  Special  Meeting 

of  School  District  No  .  .  .  .  ,  ......................  County,  Montana, 

for  the  purpose  of  .............................................. 

will  be  held  on  the  ..............  the  ..............  day  of  .......... 

i  .  .  .  .  ,  at  the  District  School  House.     The  polls  will  be  open  between 

the  hours  of  ............  and  ...........  o'clock,  .  .  .  .  m. 


............................  )    Trustees. 

............................  ) 

Dated  .  ,  i  .  , 


No.   12. 
CENSUS. 

Follow  these  instructions  very  carefully,  and  thus  avoid  mistakes. 

Subdivision  3,  Section  1830,  of  the  Political  Code,  reads: 

"The  school  clerk  shall  take,  annually,  between  the  first  and  twenti- 
eth days  of  August  of  each  year  an  exact  census  of  all  the  children  and 
youth  between  the  ages  of  six  and  twenty-one  years  residing  in  the 
district,  and  shall  specify  the  number  and  sex  of  such  children,  and 
the  names  of  their  parents  or  guardians.  He  shall  take  specifically  and 
separately,  a  census  of  all  children  under  six  years  of  age,  and  shall 
specify  the  number  and  sex  of  such  children.  All  children  under  twen- 
ty-one years  of  age  who  may  be  absent  from  home  for  any  cause  shall 
be  included  by  the  district  clerk  in  this  census  list  of  the  city,  town  or 
district  in  which  their  parents  reside.  He  shall  make  a  full  report 
thereof  on  the  blanks  furnished  for  this  purpose  under  oath  to  the 
County  Superintendent  thereafter,  and  deliver  a  copy  to  the  school 
trustees." 

If  the  Clerk  fails  or  neglects  to  take  the  census  as  above  he  is  liable 
to  the  district. 

List  no  children  unless  their  parents  or  guardians  reside  in  your 
district  at  the  time  the  census  is  taken.  Children  attending  school  in 
>our  district  whose  parents  reside  in  another  district  or  whose  parents 
are  living  temporarily  in  your  district,  for  the  purpose  of  sending  their 
children  to  school,  but  whose  legal  residence  is  elsewhere,  cannot  be 
listed.  Such  children  will  be  listed  in  the  district  where  their  parents 
have  their  legal  residence. 

In  all  cases  the  legal  residence  of  the  parents  determines  the  district 
in  which  the  children  must  be  enumerated. 

The  census  can  only  be  taken  between  the  first  and  twentieth  days 
of  August. 


STATE    OF   MONTANA. 


119 


SCHOOL  CENSUS  REPORT. 

Report  of District  Clerk  of 

School  District  No ...... County,  Montana. 


AGE 

SI 

:x 

AGE 

SI 

;x 

CO 

*2 

NAMES 
OF 
CHILDREN. 

Between  6 
and  21 

J£ 
13 

% 

Female 

Under  Six 

4) 

1 

Female 

Occupation  if 
Attending  Scl 

NAME  OF  PARENT 
OR  GUARDIAN. 

! 

•  ; 

Totals 


SUMMARY. 


Male. 

Female 

Total. 

Total 

Number 

of 

Children 

in  the 

District 

between 

6  and 

14 

j 

Total 

Number 

of 

Children 

in  the 

District, 

between 

14  and 

18    1 

1 

Total 

Number 

of 

Children 

in  the 

District, 

between 

18  and 

fl1 

|  

Total 

Number 

of 

Children 

in  the 

District 

between 

6  and 

21 

1 

Total 

Number 

of 

Children 

in  the 

District, 

under  6 

yrs.  of 

aere 

... 

Total 


STATE  OP  MONTANA, 


County,  ) 

I,  ,  being  first  duly  sworn,  depose  and 

say  that  I  am  clerk  of  School  District  No ,  in  the  County  of 

,  State  of  Montana;  that  the  foregoing  is  a 

true  and  correct  census  of  the  children  of  said  District,  as  required  by 
law,  taken  by  me  between  the  ist  and  2Oth  days  of  August,  A.  D 


Clerk's  Signature. 

Subscribed  and  sworn  to  before  me  this day 

of..  ,  A.  D.  i. 


120 


•  GENERAL  SCHOOL,  LAW 


CENSUS  OF  DEAF,  BLIND  AND  FEEBLE-MINDED. 

Section  2345  of  the  Political  Code  reads: 

The  school  district  clerk  of  each  county  in  this  State  shall  annually 
report  to  the  county  superintendent  of  schools  the  names,  ages  and 
postoffice  addresses,  and  the  names  of  parents  or  guardians,  of  every 
deai  or  blind  or  feeble-minded  person  between  the  ages  of  five  (5) 
and  twenty-one  (21)  years  residing  in  said  school  district,  including  all 
who  are  too  deaf  or  blind  to  obtain  an  education  in  the  public  school. 

The  county  superintendent  of  public  schools  shall,  on  or  before 
the  first  day  of  August  of  each  year,  send  a  complete  list  of  the  names, 
ages  and  addresses  of  all  such  persons  in  said  county  to  the  superin- 
tendent of  the  school  for  the  defective. 
Report  of  School  District  No.  . .  ., County,  Montana. 

Names  of  Children.  Between     Deaf.      Blind,    jjfnded.  Post  Offict 

Total'  .'.'.'..'.T.TT7T.I I I I I 

STATE   OF   MONTANA,  ) 

)  ss. 
County.  ) 

I, ,  being  first  duly  sworn,  depose  and 

say  that  I  am  Clerk  of  School  District  No '.,  in  the  County  of 

,  State  of  Montana ;  that  the  foregoing  is 

a  true  and  correct  census  of  the  deaf,  blind  and  feeble-minded  children 
residing  in  said  district,  taken  by  me  between  the  1st  and  2Oth  days 
of  August,  

Clerk's  Signature. 
Subscribed  and  sworn  to  before  me  this.  .      .  .dav  of .  .          ,  I . 


INDE1X. 


Sec.    Page 
BOARD  OF  TEXT-BOOK  COMMISSIONERS— 

of  whom  to  consist 1  S7 

when  and  where  to  meet  2  87 

to  appoint  a  secretary  2  87 

SUPERINTENDENT   OP  PUBLIC  INSTRUCTION— 

to  advertise  date  of  meeting 3  S7 

to  receive  proposals  for  supply  of  books 3  87 

books  to  be  adopted 3  87 

duty  of  Commissioners 4  88 

power  of  Commissioners  5  88 

contract  with  publishers   6  89 

bond  to  be  approved  by  Governor 6  89 

failure  of  publishers  to  perform  obligations  7  £9 

prices  of  book  to  be  f urinshed  County  Superintendents  8  '90 

failure  to  use  books  prescribed  . 9  90 

trustees  or  clerks  to  report  annually  on  text-books 10  90 

voters  may  petition  board  of  trustees 11  90 

vote  on  question  of  free  text-books 11  90 

board  of  trustees  must  notify  voters  of  election 11  5,0 

special  tax  levy  to  pay  for  text-books 12  90 

mileage  and  per  diem   13  PI 

appropriation  to  pay  mileage  and  per  diem 13  91 

BOND'S— DEAF  AND  DUMB  ASYLUM— 

to  pay  building  warrants 1  98 

amount  to  be  issued,  denominations ;  time  to  run 3  99 

rate  of  interest;  where  payable;  form;  coupons  1  98 

by  whom  disposed  of  2  99 

fund  created  for  payment  of  interest 3  99 

fund  created!  for  payment  of  principal 4  99 

to  be  paid  in  order  of  issuance 8  101 

cost  of  issuance  to  be  paid  out  of  proceeds  9  101 

warrants  to  issue  in  payment  of   interest  10  101 

State  not  liable 11  101 

BONDS— SCHOOL  OF   MINES— 

who  to  issue;  amount r  denomination; term;  rate  of  interest;  place  of 

payment;  form;  coupons 1  94- 

how  disposed  of   2  95 

interest  and  sinking  fund  3  95 

permanent  fund,  how  created  and  in  vvhat  invested 4  05 

if  interest  paid  from  general  fund,  State  to  be  reimbursed   5  f6 

State  Treasurer  custodian  of  funds  6  96 

to  pay  outstanding  warrants  7  96 

paid  in  order  of  their  issuance  8  96 

cost  of  issuance  to  be  paid  out  of  proceeds 9  96 

if  not  sufficient  funds  to  pay  interest,  warrants  to  be  drawn  10  97 

State  not  liable  .. 11  97 


122  INDEX. 


BONDS— UNIVERSITY  OF  MONTANA—                                                                  Sec.  Page 

time  to  run 1  91 

rate  of  interest  1  91 

denominations    1  91 

when  to  be  sold  2  94 

fund  created  for  payment 3  94 

State  Treasurer  to  pay  cost  of  issue,  interest,  etc  4  14 

State  Treasurer  must  give  notice  5  ?3 

moneys  derived  from  sale  of,  how  used 6  93 

Building  Commission  7  93 

State  not  liable 8  93 

CENSUS  OF  SCHOOL  CHILDREN- 

con tents  of 1830  52 

compensation  for  taking 1830  53 

district  clerk  to  make 1830  53 

district  clerk,  liability  for  not  taking 1830  53 

report  of  county  superintendent   1830  53 

CITY  SUPERINTENDENT  OF  SCHOOLS— 

appointed  when 1930  66 

duties  of  1932  66 

qualification 1931  C6 

work  in  conflict  1933  66 

CLERK  OF  DISTRICT  COURT— 

superintendent  to  report  to,  fines  imposed  by  court  1891  58 

penalty  1893  59 

COMPULSORY  ATTENDANCE— 

clerk  must  furnish  list  1922  65 

excuses  for  non-compliance   1920  04 

parents  required  to  send  children  to  school  1920  64 

penalty  1921  65 

procedure 1925  66 

prosecution  1923  55 

truant  officer  1924  65 

COUNTY  CLERK— 

to  report  to  County  Superintendent  tax  levied 1890  58 

penalty  1893  59 

COUNTY  SUPERINTENDENT  OF  SCHOOLS— 

blanks,  distribution  by  1733  28 

bond  of  1730  28 

boundaries  of  schol  district  1741  30 

certificates,  temporary,  may  issue 1739  29 

controversies,  decides  1735  29 

district  clerk,  makes  report  of  census  to  1830  52 

election   1730  28 

examinations,  public,   must  hold  for  certificates  1910  GO 

fines,  reported  to   1891  58 

institutes,  teachers'  must  hold  1900  59 

institutes,  presides  at  1738  29 

oath  of  1730  28 

oaths,  may  administer 1736  2& 

office,  stationery  for  1742  30 

powers,   general  of  1731  28 

qualification  of  .    1744  30 


INDEX.  123 


Sec.    Page 

report,  annual  of 1740  30 

records,  of  official  acts  kept  by 1734  29 

schols,  supervision  of 1731  23 

schools,  must  visit  twice  a  year 1732  28 

school  money,  apportions  1737  £9 

teach,  must  not 1743  30 

term   of    1730  28 

text-books,  forfeiting  of  school  fund  for   not  using-  certain   1758  34 

trustee,  appoints,  when  1980  75 

COUNTY  TREASURER— 

duties  of  as  to  school  bonds  1968  75 

duties  as  to  school  funds 1880  58 

DISTRICT   CLERK— 

Census,  to  make 1830  52 

Census,  contents  of  1830  52 

Census,  report  of  to  county  superintendent 1830  52 

Census,  compensation  for  making  1830  52 

Census,  liability  for  not  making  1830  52 

duties  of  1830  52 

fines,  imposed  by  court  to  report  to  county  superintendent  1891  58 

penalty  for  failure  to  report 1893  59 

pupils,  must  furnish  list  of,  to  trustees 1922  65 

report  to  county  superintendent  list  of  deaf     and     dumb     and     blind 

children  in  district  2345  S3 

DEAF  AND  DUMB  ASYLUM— 

admittance  to,  regulation  of 2342  R2 

admittance  of  feeble-minded  children 2346  84 

admittance  of  non-residents  2343  S3 

board  of  officers  of,  meeting  2333  80 

board  of  trustees,  control 2332  SO 

board  of,  duties  of  2334  80 

board  of,  oath  of 2335  81 

board  of,  compensation  and  secretary 2337  SI 

by-laws  2351  S5 

contracts,  officers  not  interested  in  2341  82 

employes,  privileges  of  '. 2340  82 

fund  of  2354  S6 

funds,  how  expended 2347  84 

lands  set  apart  for 2353  85 

location  of 2330  79 

objects   2331  79 

pauper  inmates  of 2344 

records  of 2336  81 

reports  of 2352  85 

school  district  clerks,  duties  as  to 2345  83 

school,   term  of   2349  84 

State  Board  of  Education,   powers  of,  as  to  2348  84 

superintendent  of 2338  81 

superintendent,  powers  and  duties  of 2339  82 

trustee,  removal  of  2350  85 

EXAMINATIONS  AND  CERTIFICATES— 

grades,  number  and  term  of  certificates 1911  61 

proficiency  in  certain  grades  required 1911  61 


124  INDEX. 


Sec.    Page 

qualification  of  principal  of  high  school 1911  61 

temporary  certificates  may  be  granted 1911  £2 

recourse  of  candidate  who  thinks  injustice  has  been  done  1911  62 

age  at  which  certificate  may  be  issued 1912  63 

where  certificates  are  valid   1912  63 

per  cent,  of  proficiency  required 1912  63 

certificates,  fees  paid  for 1913  fj:j 

certificates,  County  Superintendent  may  revoke,  when  1914  63 

County  superintendent  to   hold  public,  for  1910  60 

questions  for  1915  64 

JUSTICE    OF   THE    PEACE— 

to  report  fines  collected  by   1892  59 

penalty 1893  59 

Free  High  School 102 

Free  Kindergarten  106 

PUPILS— 

abuse  of,  misdemeanor  1846  55 

compulsory  attendance  of 64-G6 

expulsion  of   1870  11 

insult  to  teacher 2022  78 

moral  training 1845  55 

regulations,  must  comply  with   1870  57 

suspension  of  1844  H5 

SCHOOLS— 

age  of  admission  to  1860  56 

.    common,  defined  1860  56 

common,  hours  of  1862  57 

common,   sectarian  publications   forbidden  in  1863  57 

common  schol  month,  length  of  1843  55 

common  school  year  1864  57 

county  attorney,  duty  of 2027  79 

course  of  study  in  1861  56 

disturbing   2023  78 

English  language  'taught  in  1861  56 

fines,   how  collected  and  when  paid  2021  78 

meaning  of  word's  2020  78 

penalties 2028  79 

printing  and  binding  2024  78 

pupils  must  obey  regulation  1870  58 

pupils,  expulsion  of 1870  £7 

School  day,  length  of  1862  57 

school  officers,  oath  of  2026  78 

teacher  or  officer,  not  to  act  as  agent 2025  78 

teacher,   penalty  for  acting  as  agent 2025  78 

teacher,  insult  to  2023  78 

SCHOOL  BONDS— 

ballots,  form  of  1962  72 

County  Treasurer,  duty  of 1870  57 

district  liable  for  1964  73 

issued  how,   election,   limitation  1960  71 

penalty  1970  75 

preparing   and    printing    1969  75 

redemption,  order  of  1967  74 

redemption,  notice  of  1967  74 

sale  of,  notice 1963  72 


INDEX.  125 


Sec.    Page 

tax  levy,  for  interest  on  1965  73 

-tax  levy,  for  interest  and  redemption  of  1966  73 

trustees  failing  to  pay  money  from  sale  of  1970  15 

SCHOOL  BUILDINGS— 

provided  with  American  flags  1807-9  49 

SCHOOL  DISTRICTS— 

apportionment  of  money  to,  three  months'  school  necessary  1757  34 

bodies,  corporate,  are 1759  34 

boundaries    1752  32 

created,  when   1760  84 

.defined   1750  81 

district  in  two  counties 1755  S3 

division  of  district  funds  and  property 1754  33 

new,  apportionment  of  money  to  1753  S2 

organization  of  new  1751  31 

SCHOOL  FUNDS— 

Apportionment  of  1942  69 

building  and  furnishing  fund 1946  70 

lots,  proceeds  of  town  1945  70 

road  funds,  transfer  of 1944  69 

school  tax,  how  collected 1941  69 

state 1940(a)  67 

taxation,  election 1940(b)  67 

transfer,  election 1948  70 

use  of  1943  69 

warrants 1947  70 

•SCHOOL.  LAWS— 

Superintendent    of   Public   Instruction  to  publish  1709  25 

SCHOOL  LIBRARIES— 

fund  for 2000  77 

fund  for,  how  formed  2001-2  77 

fund,  control  of 2003  77 

selecction  of  books  for  2005  77 

trustees  of,  duties , 2004  77 

SCHOOL  OF  MINES— 

established 1572  16 

trustees,  term,  quorum 1573  16 

appointment  of  trustees  1574  16 

,oath 1575  37 

powers  of  trustees  •. 1576  17 

objects  1577  17 

site,  appliances 1578  17 

students,  qualification  of 1579  17 

officers  of  board  1580  17 

vacancies,  how  filled 1581  17 

report 1582  18 

school  lands,  location  of 1583  18 

revenue  of  school  1584  18 

dtonations,  investment  of 1585  19 

Treasurer,   bond  of  1586  19 

professors,   fees  of   1587  19 

debt  prohibited 1588  19 

faculty  of  school  1589  19 

donations,  trustees  may  accept  1590  19 


126  INDEX. 


Sec.  Page 
SUPERINTENDENT  OP  PUBLIC   INSTRUCTION— 

appeals,  flies  in  office  all  papers  concerning- 1708  26 

blanks,  etc.,  to  prepare  1703  25 

bond  1700  24 

clerk,  may  appoint  : 1715  27 

course  of  study 1705  25 

county  superintendents,  duties  as  to 1707  25 

duties  of  1701  25 

election 1700  24 

examinations   1704  25 

expenses  of 1707  25 

oath  1700  24 

powers,  general 1702  25 

qualification  1700  24 

record  of  official  acts 1708  25 

report  of 1712  26 

report  of,  number  to  be  published  1513  10 

report,  distribution  of  1713  26 

salary  of 1716  27 

school  fund,  must  apportion  1714  27 

school  laws,  printing  of 1709  25 

seal,  official  of  1710  26 

teachers'  institute,  rules  as  to 1706  25 

teachers'  institute  must  attend1 1711  26 

STATE  AGRICULTURAL  COLLEGE— 

control  and  management  of  1624  21 

establishment  of  1622  20 

experimental  station  of  1628  21 

experimental   station,    management    of 1629  22 

executive  board,  officers  of 1626  21 

secrtary  and  treasurer  of  board  1627  21 

STATE  BOARD  OP  EDUCATION— 

appointment  and  term 1511  9 

diploma,  state 1517  3.1 

diploma,  life  1518  11 

diploma,  revocation  of 1520  12 

expenses 1521  12 

meetings  of 1515  10 

membership  of 1510  9 

oath  of  , 1512  10 

officers  of 1513  10 

powers  and  duties  1516  10 

quorum  1514  10 

STATE   NORMAL   SCHOOL— 

acceptance  of  public  lands  1655  22 

control,   management  and  suspension 1654  22 

establishment  1652  22 

executive  board 1656  22 

objects  of 1653  22 

graduates  may  teach  without  examination   ?3 

graduates  entitled  to  diploma  23 

STATE   UNIVERSITY— 

appropriation  for  1553  14 

charges  for  tuition  1551  14 

education,  state  board  of,  duty  and  power  of 1545  12 


INDEX. 


Sec.  Page 

endowed  professorships  established 1543  12 

government,  officers  1544  12 

location  of  1543  12 

military  instruction  1550  14 

objects  of 1548  13 

officers  of  university,  report  of  1547  13 

selection  of  site  1544  12 

students,  qualification  of 1550  14 

study,  course  of  1549  14 

TEACHERS— 

age  of  1847  56 

agents,  must  not  act  as,  penalty  2025  78 

contract  with  1843  55^ 

dismissal  of  appeal  1848  56 

duties,  regular  of  1842  54 

employed,  of 1842  54 

examinations  and  certificates  of 1910-1915  00-04- 

moral  training,  duties  of  as  to 1845  55 

pupil,  may  suspend,  when  1844  55 

pupils,  abuse  1846  55 

pupils,  insult  to  teacher 2022  78 

qualifications  of  1840  54 

report  of   1841  54 

school  month 1843  55 

unprofessional  conduct  of 1849  56 

TEACHERS'   INSTITUTE— 

certain  counties  in  1901  58- 

county  superintendent  must  hold  1900  59 

expenses  of  1905  60 

fund   for    1904  60 

sessions  of  1902  59 

teachers  must  attend  1903  r>9- 

TREE   PLANTING— 

Arbor  Day,  second  Tuesday  in  May  1990  76 

Arbor  Day,  tree  planting  on,  by  school  children  1991  76 

exercises,   superintendent  opens  services  1992  76 

TRUSTEES— 

board,  powers  concerning  bonds  1810  nO 

board  of,  powers,  quorum,  term  1790-91  45 

board  of,  organization  1793  15 

board  of,  general  meetings  of 1794  45 

board  of,  chairman,  rules     1796  16 

board  of,  powers  of  and  duties  1797  46 

board  of,  duties  of  as  to  privies  1798-99  47-48 

board,  powers  of  as  to  property 1801  48 

board  of,  liability  of 1803  48 

board,  may  establish  high  school  1804  48 

board,  failure  to  deliver  books  to  successors  1805  49 

board,  repayment  of  loan  by 1806  49 

board,  district,  to  attend  all  meetings  of  1830  52 

board,  disposal  of  proceeds  of  bonds 1811  51 

board,  redemption  of 1814  51 

bonds,  payment  of  interest  1815  52 

bonds,  preparation  of .- 1816  52 

contract,  must  not  be  interested  in  1802  48 

contract  of,  with  teacher,  how  construed 1843  55 

districts  of.  new 1792  43- 


128  INDEX. 


Sec.    Page 

district,  responsible  on  bonds     1812  51 

election  of  1770  35 

annual;  time  and  place  of;  classification  of  districts;  term  of  office..  1770  35 

districts  of  first  class  under  supervision  of  county  commissioners 1771  35 

second  and  third  class  under  supervision  of  trustees 1772  36 

clerk  to  post  notices;  trustees  to  appoint  judges 1772 

county  commissioners  to  establish  polling  places  1773  36 

Judges  to  be  appointed;  county  clerk  to  notify;  county  clerk  to  give 

notice  of  election  1774  36 

polls,  time  to  be  opened 1775  37 

notice  of  election  may  be  published  jn  newspaper  '1776  37 

qualifications  of  electors  1777  37 

ballot,  form  of 1778  38 

candidates  to  be  nominated1  by  public    meeting 1778  38 

certificates  of  nomination   to   be  filed  with  county  clerk  1778  38 

number  of  ballots  to  be  published,  booths  to  be  provided 1778  38 

how  to  be  provided 1778  38 

how  to  mark  ballot  1778  40 

challenge 1779  40 

books  to  be  kept  by  judges  1780  40 

counting  of  ballots  1780  40 

oaths  to  judges  and  trustees  1780  41 

canvassing  votes   1781  41 

trustees  elected  to  file  oath  of  office 1782  41 

who  eligible  to  office  of  trustee  1783  41 

registry  precincts  1784  41 

registry  agents 1784  41 

registry  agents  must  take  oath;  office  of  registry  agents,    time    and 

place  of  registering  1784  41 

register,  what  to  contain  1784  42 

registry  precincts,  arrangement  of  1785  42 

register  to  be  delivered  to  County  Clerk 1785  43 

expenses  paid  from  school  funds  1786  44 

stationery,  books  and  supplies 1786  44 

compensation  of  registry  agents  1786  44 

bonds  and  compensation  of  school  trustees 1787  44 

financial  statement  of 1795  46 

flag,  must  procure 1807  49 

flag,  must  be  displayed 1808  49 

flag,  expense  of 1809  49 

money,  surplus  used  for  building  1818  52 

money,  failure  to  pay  over,  felony 1817  52 

money,  received  from  sale  of  bonds,  failure  to  pay  over  1970  75 

number  of  1770  35 

penalties   1800  48 

pupils,  must  inquire  into  cases  of  those  not  attending  school 1923  f5 

pupils,   must  appoint  truant  officer 1924  65 

qualify,  failure  to  1782  41 

qualifications •. 1770  35 

removed,  how 1982  76 

tax,  board  must  levy  for  interest 1813  51 

term  of  1770  85 

vacancies,  how  filled  1980  75 

VACANCIES— 

clerk   of  school  district,   in   offijcj^^-4*««ii4illed 1981  75 

trustee,  in  office  of,  how  ftiMGr^&te.A.R  y^^- 1980  75 

trustees,  removal  and  susjMnsiVnjD|.  THR -\k I982  76 


UNIYEKSTTY  OF  CALIFORNIA  LIBRARY, 
BERKELEY 

THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  of  loan  period. 


25*n-7,'25 


